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Disciplinary rules and procedures: Breach of appeals procedure did not make dismissal necessarily unfair

This report relates to 1 case(s)

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    Westminster City Council v Cabaj [1996] IRLR 399 CA (0 other reports)

An employer breached its contractual obligation to convene a panel of three members to hear an employee's appeal against dismissal, but that defect was not necessarily sufficient to make the dismissal unfair, holds the Court of Appeal in Westminster City Council v Cabaj 30.4.96 Court of Appeal. The effect of the employer's failure to observe its own contractual disciplinary procedure on the fairness or otherwise of the dismissal had been a matter for the industrial tribunal to decide, and the EAT was not entitled to substitute a finding of unfair dismissal on the basis that the tribunal had inevitably been required to reach that conclusion.

Mr Cabaj was employed by Westminster City Council as a senior computer programmer.