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Employment – Contract. The Queen's Bench Division held that defendant university's behaviour in refusing the claimant employee's request to be accompanied by a colleague at a disciplinary hearing was such as to seriously damage the relationship of trust and confidence between the defendant and the claimant. On the facts, it would be conspicuously unfair for the defendant to insist on adherence to the literal terms of the conditions so as to deny the claimant the accompaniment at the investigatory meeting.
Employment – Contract. The Queen's Bench Division held that defendant university's behaviour in refusing the claimant employee's request to be accompanied by a colleague at a disciplinary hearing was such as to seriously damage the relationship of trust and confidence between the defendant and the claimant. On the facts, it would be conspicuously unfair for the defendant to insist on adherence to the literal terms of the conditions so as to deny the claimant the accompaniment at the investigatory meeting.
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