CONTRACTS - terms of contract - employment contract does not specify the duties of the employee - whether post-contract conduct of the parties can be used to identify the terms, subject matter or scope of application of an employment contract which does not specify the employee's duties.
CONTRACTS - repudiation - whether the extent of alteration to the employee's position or status amounted to a repudiation of the employment contract - whether an employee can rely on after-acquired information to justify termination of the employment contract.
CONTRACTS - assessment of damages - relevance of probable course of events if the contract was not repudiated - mitigation - whether the employee failed to act reasonably to mitigate loss.
EMPLOYMENT LAW - long service leave - no dispute - payable where employer repudiates contract of employment - redundancy payment - whether employee entitled to redundancy payment under the Fair Work Act 2009 (Cth) - whether employment was terminated at the initiative of the employer where the employee accepted the employer's repudiation - whether the employment was terminated because the employer no longer required the employee's job to be done by anyone.
Case Details
Citation[2013] NSWSC 531
CourtNSWSC
JurisdictionNew South Wales
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