As I said before my understanding of the IR laws now is that if it is over a certain amount it is no longer IR laws but rather contract law, hence it is no longer heard as IR.
If that is the case then you have more chance of succesfully arguing there was no breach of a contract, or that the contract had been nullified by the other parties breach previously so you are no longer bound by the terms. Much more manouverabilty.
Under IR the court almost always comes down more in favour of the employee. We had a case where a guy could be shown to be on the golf course minimum 2 days a week, had sales figures well below targets and colleagues, had been given his 3 warnings, had actually resigned but still won money in the IRC.
Ando would have a much better chance, imo, in IRC so if I were the club I'd be happier having it heard in another forum.
