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
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.
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