The test for fundamental breach is objective. A repudiatory breach is not capable of being remedied so as to preclude acceptance.

There was a dispute as to whether the effective date of termination could be agreed by the parties.

The effective date of termination is to be objectively determined and cannot be fixed by agreement between the employer and employee.

The employee resigned because she had not received a pay increase for two years, while others did.

It was reasonable to infer a term that employers will not treat employees arbitrarily, capriciously, or inequitably in the matter of remuneration.

The claimant sought damages for a psychological disorder that resulted from her unlawful suspension.

Damages can be awarded for non-economic losses, here psychiatric harm, in breach-of-contract claims.

The employee asserted that the employer’s enhanced redundancy policy still formed part of his contract of employment.

Where an employer purports to change the terms of a contract of employment unilaterally but they do not immediately impact on the employee, then the fact that the employee continues to work does not mean that he or she can be taken to have accepted the variation.

Volunteers for dismissal sought redundancy payments.

Where an employer seeks volunteers for redundancy, those who are dismissed will be eligible for a payment, despite their willingness to leave.