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Wilson v Racher
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Wilson v Racher : ウィキペディア英語版
Wilson v Racher

''Wilson v Racher'' () ICR 428 is a UK labour law case concerning constructive dismissal. It serves as an example of an employer being found to have wrongfully dismissed an employee, because of the employer's own bad behaviour. Edmund-Davies LJ also made an important statement about the modern employment relationship,〔() ICR 428, 430〕
==Facts==
Mr Wilson, a "man of considerable competence" was the head gardener of an estate at Tolethorpe Hall, Little Casterton, Stamford. He was employed by Mr Racher. He was employed for a fixed period of six months and his contract said this.

“Your employment will commence on April 24, 1972, and shall continue thereafter unless and until terminated by either of us by notice in writing expiring on October 23, 1972, or any anniversary of that date.”

When the two men first met there was "a complete conflict of personalities" and Mr Racher sacked Mr Wilson on June 11. Mr Wilson claimed this was wrongful dismissal. Mr Racher claimed the dismissal was for incompetence and misconduct, though the former allegation was dropped during trial. The question was whether the dismissal - i.e. termination of the contract - on grounds of misconduct was wrongful.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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