A wrongful dismissal terminates the employment relationship but not the contract of employment, which continues until the employee accepts the repudiation. Where an employee expressly does not accept repudiation and only takes casual work that does not disable performance of the original contract, the contract remains on foot. In such circumstances, the employee cannot claim contractual entitlements under a termination clause but is entitled to damages for breach subject to mitigation. The full value of a motor vehicle provided for both business and private use should be included in the damages assessment, not merely 50%.
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