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Case round-up: Damages in bullying case to be reconsidered

This report relates to 1 case(s)

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    Horkulak v Cantor Fitzgerald International [2004] IRLR 942 CA (1 other report)

    • Horkulak v Cantor Fitzgerald International

      Date:
      1 December 2004

      In Horkulak v Cantor Fitzgerald International [2004] IRLR 942 CA, the Court of Appeal held that, even where the employment contract states that payment of a bonus is discretionary, the employer is under an implied duty to exercise that discretion genuinely and rationally, and a wrongfully dismissed employee could recover damages that reflect the bonus payments that he could have expected to receive had he remained in employment.

This week's case round-up from Eversheds, looking at damages in a constructive dismissal claim.

Damages in bullying case to be reconsidered

Cantor Fitzgerald International v Horkulak, Court of Appeal, 14 October 2004

In July 2003, the High Court upheld Horkulak's claim that the chief executive officer's frequent use of foul and abusive language towards him constituted a breach of the implied duty of trust and confidence.