An employee's right to salary under an employment contract is not conditional upon performing duties without negligence; the employer's remedy for negligent performance lies in a claim for damages, not in withholding salary. To establish an offsetting claim under s 459H, the applicant must adduce evidence sufficient to quantify the claim and to establish a causal link between the respondent's conduct and the alleged loss — mere allegations of poor performance or cost overruns are insufficient without evidence connecting them to breach or negligence.
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