Unfair dismissal: the doctrine of repudiation

The common law of contract plays a deep and utterly fundamental role in workplace relations law and practice since the contract between an employee and an employer is rooted in contract and thus the legal principles which apply to it. Although the statutory scheme of unfair dismissal (if jurisdictionally applicable, which is the case for […]

When can an employer reduce wages?

Where an employer breaches an employment contract by unilaterally reducing an employee’s remuneration when the contract requires the consent of both, the employee may sue to recover damages for breach of contract even though he or she has elected to continue on in employment.“It may be accepted that the CEPU repudiated Mr Harpham’s contract of […]

Unfair dismissal: the doctrine of repudiation explained

The common law doctrine of repudiation of contract is alive and well in the statutory fair work system. Where an employer fundamentally breaches an employment contract, it is open to the affected employee to treat the employer’s actions as constituting a repudiation of the employment contract (if the breach is sufficiently serious…..for example a persistent […]