This judgment is confined to whether the applicant should have access to the report. The applicant was ordered be given access to the panel’s report, subject to an undertaking of confidentiality.
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The notes taken by the panel contain material that is or may well be relevant to the applicant’s case and therefore they should be provided to the applicant. Outcome: The notes taken by the panel to be provided to the applicant, subject to the applicant making an appropriate confidentiality undertaking.
The panel report did not constitute a breach of the applicant’s contractual rights and therefore no compensation is warranted. Such a panel is not a court and while it must be fair, it must be allowed to do its reasonable best to ascertain the facts as it thinks is right. Even though the audit was seriously flawed in significant respects, the decision as to its content is not subject to appeal to the Tribunal. Constructive dismissal occurs when the employer engages in a scheme of action which, in effect makes it so difficult for the employee to continue with his or her work, that the latter...