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Wrongful dismissal: No damages for "loss of chance"

This report relates to 1 case(s)

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    Janciuk v Winerite Ltd [1998] IRLR 63 EAT (0 other reports)

The measure of loss for the breach of an employment contract brought about by an employer's failure to adhere to a contractually binding disciplinary procedure is based upon an assessment of the time which, had the procedure been followed, the employee's employment would have continued, holds the EAT in Janciuk v Winerite Ltd [1998] IRLR 63. This does not require an analysis of the chances that had the procedure been followed the employee might never have been dismissed.