Abusive language

Case 10: The facts

Steven Horkulak worked in a senior managerial role, but his boss continually used abusive and threatening language against him, leading eventually to his resignation.

Horkulak claimed that his contract had been breached and that he had been wrongfully dismissed.

The ruling

The High Court held that threats of dismissal should never be used to intimidate, nor should they be issued in intemperate language. The way the employee was treated amounted to a breach of the implied term of trust and confidence, giving a right to sue for wrongful dismissal.

Horkulak v Cantor Fitzgerald International [2003] IRLR 756