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Former RMJM employee loses constructive dismissal claim

Former RMJM landscape architect Kirstin Taylor has vowed to appeal after losing an employment tribunal in Edinburgh against the company for constructive dismissal

Taylor, now of Glasgow-based City Design, left RMJM in February after allegedly failing to receive her salary since December.

She said: ‘The Tribunal accepted that RMJM had materially breached my contract of employment by failing to pay salary, pension contributions and expenses on time.

‘However, the judge ruled that they did not consider this breach to be the cause of my resignation and therefore unfortunately did not find in my favour.’

She added: ‘I am in the process of applying for a review of the decision, which I believe to be unfair, and, subject to the outcome of the review, intend to pursue an appeal.’

In a message to staff RMJM group commercial director Declan Thompson said the company was now in the process of pursuing Taylor for costs.

He said: ‘The process now invites RMJM to pursue [Taylor] for our costs in defending this nonsense claim. We are in the process of doing so now, and given the significance of the amounts we will be claiming, you may see some additional media coverage in this regard, though clearly we will try to minimise that.’

 

Declan Thompson’s email to staff

 

 

From: Declan Thompson 
Sent: 10 September 2012 10:24
Subject: Kristin Taylor Dismissal

All,

This is just a quick note to let you know that the Kristin Taylor [sic] claim against the company has been dismissed by the court. Given the number of people she named in her claim, I wanted to write to let you know personally that he claim has been rejected.

In doing so, the Judge also recognised, that “ The Tribunal did not accept the Claimant as a credible and reliable witness”, which is obviously satisfying given the nature of the ill thought out statements and allegations she decided to make under Oath.

In delivering her findings, the Judge, in addition to noting the lack of credibility and reliability above also documented instances of her wasting of the courts time and the process now invites RMJM to pursue her for our costs in defending this nonsense claim. We are in the process of doing so now, and given the significance of the amounts we will be claiming, you may see some additional media coverage in this regard, though clearly we will try to minimise that.

Hopefully this is the last of these we will have to deal with, but it should be evident to all parties what our response will be if faced with further spurious claims of this nature.

Thanks to all those who supported us in getting to this stage and will assist further in recovering our costs to the fullest extent possible.

Best

Declan

 

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Readers' comments (5)

  • I cannot understand how the court did not find in Kirstin Taylor's favour - they accepted her contract had been breached and she had received no salary, pension contributions or expenses for several months prior to leaving - if that isn't a breaking point and case for constructive dismissal, then I don't know what is. Declan Thompson's absurdly passive aggressive email to staff is a clear example of the intimidating bully culture of the company. How could this be anything but an open and shut case? I am an ex-RMJM employee and I find it desperately sad that it has come to this. The talented staff of the company absolutely do not deserve this type of treatment and I sincerely hope Kirstin's appeal is upheld.

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  • The fact that Declan has leaked this email, while claiming to try and minimise press coverage, and the fact that he cannot even spell a former leader in his landscape architect team's name correctly, tells me everything I need to know.

    As a former employee this is just more of the same - a firm of such talented individuals deserve better leadership and far more respect.

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  • Yet another example of an ex-RMJM employee who wasn't paid for their work... Very unfortunate and unfair.

    I wonder why the judge said she wasn't credible or reliable?

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  • An email to staff bragging about a victory against an ex-staffer who, like the rest of us, went through months and months of absolute torture, absurdity and turmoil before saying enough is enough, RMJM won't get any more out of me...

    It defies belief. The Forbes article published the other day "War Rooms and Bunkers: An Interview with RMJM CEO Peter Morrison" also defies belief...the mindset of the people running RMJM at the minute needs to be properly questioned....to even call your reducing offices around the world your "War Rooms" is just buffoonery of the highest order - completely the opposite of what they should be calling the places where hard working, honest people slave away to keep the sinking ship afloat. It's become a warped reality game to these people and this email to the staff hanging on by their fingernails is absolutely evidence of that. To brag in an email about a win over someone who was so respected by the staff will do nothing but make the staff even more angry!! And then he thanks them for their support!!! Oh the irony.

    The Bunker... It confirms what everyone who has ever been touched by the RMJM brush thought - Peter and Declan are so far removed from reality that they have absolutely no concept of what their staff are going through, nor do they seem to realise the massive damage they do to RMJM with every single article or statement published.

    Better to keep your mouth shut and be thought a fool, than to open it and remove all doubt.


    Incredible. Yet...not so much anymore.

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  • Since the owners / management know little about architecture or running a business (as has been demonstrated), all they can contribute is trying to put out these self-created fires.

    How undignified to pursue Kristin Taylor for their costs after not paying her salary. But then again, they don't know how to do anything else but these types of actions.

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