Wrongful Dismissal and Repudiatory Breaches

  • Created by: jutnut
  • Created on: 15-07-17 11:19

What is meant by the term Repudiatory Breach

A fundamental breach of contract i.e. a beach so serious that it goes to the root of the contract and is imcompatiable with the continuing relationship of employer/ employee

Either one serious breach or a series of smaller breaches which when considered together amount to a fundamental breach

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Two examples in which an employee may be in repudi

- Theft

- Refusual to obey lawful and reasonale order of employer

- Participating in strike action

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Circumstances in which an employer may be in repud

- unilaterally and without authority varying the terms of contract especially reducing pay 

- Harrassing/ humilating employee

- Breach of the implied term of mutual trust and confidence 

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What are the options to an employee where an emplo

  • Waive the breach affirm contract and continue relationship

  • Work under protest and claim damages

  • Resign in response to the RB and claim for breach of contract/ wrongful repudiation (for notice period) 

  • Claim Constructive Unfair Dismissal if eligible (2 years service) 
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What are the options available to the employer whe

  • Dismiss with or without notice
  • Impose disciplinary sanction short of dismissal

  • Waive and affirm contract and continue relationship

  • Sue for breach of contract (rare in practice) 
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What effect will a wrongful dismissal claim have o

The contract will have terminated (as there must have been an express summary dismissal by the employer)  leaving the employee to bring a breach of contract claim  and recover outstanding notice pay

If the employee has been wrongfully dismissed they will be freed from further performance including Post-termination covenants.

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List the implied terms governing the relationship

  • Duty to pay - usually an express term (oral or in writing)
  • Duty of mutual trust and confidence 
  • Duty of honest and faithful service (inc confidentality during employment)

  • Duty to protect personal service 

  • Duty to take reasonable care for employee safety 
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