Category: Lawfulness

Reinstatement order reversed: Appealing interim order

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Implied automatic clause: Fixed-term contract?

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Material contractual breach: Abandoning disciplinary procedure?

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Enforcing contractual rights: Lawfulness and fairness

Archer v Pinelands High School       Enforcing contractual rights is distinct from a cause of action based on the statutory right ‘not to be unfairly dismissed’ which means that former employees may pursue two claims...

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Security clearance denied: Termination of employment

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Qualifications not proved: Jurisdictional issues

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Reputational damage: Specific performance ordered

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Resigning without notice: Public service sector

The lecturer claimed that the employer acted irregularly by dismissing him after he had resigned “with immediate effect” and was no longer an employee, or so he claimed.  But his claim was rejected by the high court because the...

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Summary dismissal: Dismissal without notice

The LC granted damages in an amount equal to unpaid notice pay plus interest and costs.  In contractual terms a summary termination is lawful if and only if the employee engages in conduct that amounts to a repudiation of...

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Justice with fairness: Fusing common and dismissal law

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Breakdown of trust relationship: Must be proved

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Deemed or summary dismissal: Disciplinary Code misunderstood

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