Constructive Notice in an Employment Case
This issue arose in case ADJ-00022892. The Adjudication Officer helpfully quoted the case of Somers –v- W.1979 IR94 where Henchy JJ described the concept as follows:
“When the facts at his command beckoned him to look and inquire further, and he refrained from doing so, equity fixed him with constructive notice of what would have ascertained if he had pursued the further investigation which a person with reasonable care and skill would have felt proper to make in the circumstances”.
The Adjudication Officer pointed out that the applicability of this Doctrine in an employment context was confirmed by the High Court of England and Wales in Sayers –v- Cambridgeshire County Council 2006 EWHC 2029.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
**In contentious cases, a solicitor may not charge fees or expenses as a portion or percentage of any award of settlement.