Monday, September 5, 2011



Western Excavating v Sharp [1978] IQB  761

If the employer is guity of conduct which is a significant breach going to the root of the contract of  employment, or that the employer no longers intends to be bound  by one or more of the essential terms of the contract , then the emp[loyee is entitled to traet himself as discharged  from any further performance.

This case was cited with approval in the Supreme Court Case of  Wong Chee Hong v Cathay Organisation [1988] 1 CLJ 45 WHERE IT WAS STATED AS FOLLOWS:-

The common law has always recognised the right of an employee to terminate his contract of service and therfore to consider himself as dischrged  from further obligation if the employer is guilty of such breach  as effects  the foundation of the contract or if the employer has evinced or shown an  intention  not to be bound by it any longer.

(ii) A single act or series of acts.

Lewis v Motorworld Garages  Ltd. [1986] I.C.R. 157

(iii) Implied term of trust and confidence

It is now trite law that  the function of the Industrial court is to attain social justice and not legal justice.
Dr. A. Dutt v Assunta Hospital  [1981] LNS 5.