cheshire_red Posted March 2, 2004 Report Share Posted March 2, 2004 Or how a simple football decision can be interpreted in Law!! Dennis Wise v Leicester City Football Club (24th February 2004, HHJ Peter Clark) Dennis Wise was dismissed from Leicester City FC following a fight with a teammate. The original disciplinary hearing was unfair. At his first-tier appeal, which was a full rehearing chaired by a Court of Appeal judge, he was reinstated. However, the second-tier appeal (the appeal having now been brought by the football club), which was a review, overturned the first-tier appeal and confirmed the original dismissal decision. The employment tribunal held the dismissal was fair, because the first-tier appeal (being a re-hearing) cured the procedural defects of the original decision. However, the EAT disagreed and substituted a finding of unfair dismissal. They held that the first-tier appeal, since it did not uphold the original decision, was not capable of curing its procedural defects. The second-tier appeal, being a review hearing only, was likewise not capable of curing the procedural defects of the original hearing (even though it did uphold the original decision). Accordingly the dismissal was unfair. LINK: http://www.employmentappeals.gov.uk/upload...22004/index.htm Link to comment Share on other sites More sharing options...
elhombrecito Posted March 2, 2004 Report Share Posted March 2, 2004 Now I remember why I didn't take law.... Link to comment Share on other sites More sharing options...
andy g Posted March 2, 2004 Report Share Posted March 2, 2004 Well, the result was he won anyway... Link to comment Share on other sites More sharing options...
BS3_RED Posted March 2, 2004 Report Share Posted March 2, 2004 Well, i am going to go to work tomorrow and smack all the people i dont like. Then, when my company rightly sack me, i'm going to tell them they cant because employment tribunal will deem it unfair. WHAT A LOAD OF BOLLOX. I have never seen a clearer case of gross misconduct. Link to comment Share on other sites More sharing options...
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