Repudiation and fundamental breach of employment contracts

A substantial breach of an employment contract may or may not constitute grounds upon which an employee may sue for dismissal.

“Conclusion on dismissal

However, as noted, a breach of contract or contractual repudiation by an employer does not necessarily terminate the employment relationship. In cases where employment continues between the parties, termination only occurs when the subsequent employment is so fundamentally different as to constitute a new employment relationship 33.”

Bradley v Solarig Australia Pty Ltd (2021) FWC 2805 delivered 24 May 2021 per Anderson DP