Defendant unreasonably withheld consent to the assignment.

The defendant nevertheless asserts that they did not

Refuse consent, but merely delayed giving my client an

Answer until additional information was obtained. We reject

This argument. The terms of the lease provided that the

Defendant could not unreasonably withhold consent, but

this is exactly what it did. As defined in Webster's Third New

International Dictionary, 'withholding' means 'not giving',

while 'refusing' on the other hand may require some

Affirmative act or statement. Jones Corporation did not

refuse consent, it is true. But Jones Corporation's decision

To delay consent amounted to a withholding of consent,

especially given my client's indication in a letter to the

Defendant that time was of the essence. And, as noted

Above, the evidence supports the determination that this

decision was unreasonable. Therefore, the defendant's

Attempt to distinguish between withholding consent and

Refusing consent is unavailing under the lease provision

Here.

Unit 8

Listening 1

,

Gwen: Hi, Jane, this is Gwen Hill here from Ludco Ltd. I'm just

about to go into a managers' meeting and I need to let

everyone know what's going on in the Myers case.

Jane: Hello there, yeah, yeah, I've had a quick look at the

documents that we've got so far, and I can say that she

Does have the right to claim unfair dismissal. Of course,

that doesn't mean she's necessarily going to win the case.

Gwen: I understand.

Jane: Now, we have to follow the prescribed procedure in order

to defend it. I'd imagine that if it goes to trial - and I

certainly hope it doesn't - then it'll be disposed of within,

Say, six to 12 months. But as I said, we have to follow the

Prescribed procedure.

Gwen: OK, so what is the prescribed procedure?

Jane: Well, we've already carried out the first step - I sent you

A draft entry of appearance with your answers to the claim.

As I understand it, Ms Myers was dismissed for stealing.

Could you review what we've written about the reasons for

dismissal and let me know if it's correct?

Gwen: Yes, I've read the draft and I just need to make a few

Minor changes. I can send you an email after my meeting.

What's the next step?

Jane: The next step would be to make an application for a prehearing

Assessment. You use that when you feel that the

Claim has very little prospect of success, which is the case

here. She was actually caught stealing documents, wasn't

she, or rather taking them from the building? So of course

Our defence is extremely strong.

Gwen: So what do we need to do?

Jane There are still a few things that we need to look at. The first

thing is the confidentiality aspect: since there was a breach of

the employee's duty of confidentiality and loyalty to the

Company, we need to explain what happened, exactly what

she did. Who saw her taking documents out of the building?

Were the documents in a briefcase? Were they photocopies?

All the details really. We need to get everything watertight, as

they say. Could you supply meall those details?

Gwen: Sure. I'll write it all up for you. What happens after that?

Jane: Well, we can make a written submission and ask the

Date: 2015-12-11; view: 716