* . *
  • About
  • Advertise
  • Privacy & Policy
  • Contact
Friday, July 11, 2025
Earth-News
  • Home
  • Business
  • Entertainment
    Immersive sports and entertainment venue Cosm set to build its 5th location in Cleveland – WKYC

    Cosm Reveals Exciting Vision for Its 5th Immersive Sports and Entertainment Venue in Cleveland

    Monumental Sports & Entertainment’s Samantha Brady on the Power of the RSN’s Direct-to-Consumer Streaming Service Monumental+ – Sports Video Group

    Samantha Brady Reveals How Monumental+ is Transforming Sports Streaming with Direct-to-Consumer Access

    Moses Singer Welcomes Entertainment and Intellectual Property Partner Frederick Bimbler – Yahoo Finance

    Moses Singer Expands Team with New Entertainment and Intellectual Property Partner Frederick Bimbler

    Longhua District and Max-Matching Entertainments, supported by RWS Global forge strategic partnership to develop international IP-themed entertainment complex – Amusement Today

    Longhua District and Max-Matching Entertainments, supported by RWS Global forge strategic partnership to develop international IP-themed entertainment complex – Amusement Today

    Government whip to withdraw Entertainment Complex Bill on July 9 – Nation Thailand

    Government whip to withdraw Entertainment Complex Bill on July 9 – Nation Thailand

    Magicians and Battlebots light up Las Vegas entertainment scene – KSNV

    Magicians and Battlebots Take Las Vegas Entertainment by Storm

  • General
  • Health
  • News

    Cracking the Code: Why China’s Economic Challenges Aren’t Shaking Markets, Unlike America’s” – Bloomberg

    Trump’s Narrow Window to Spread the Truth About Harris

    Trump’s Narrow Window to Spread the Truth About Harris

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Trending Tags

    • Trump Inauguration
    • United Stated
    • White House
    • Market Stories
    • Election Results
  • Science
  • Sports
  • Technology
    2025 WE Local Prague Recap: Inspiring Women in Engineering and Technology – Society of Women Engineers

    2025 WE Local Prague Recap: Inspiring Women in Engineering and Technology – Society of Women Engineers

    SMPTE Opens Early Bird Registration for Media Technology Summit – TVTechnology

    SMPTE Launches Early Bird Registration for Exciting Media Technology Summit

    Google Fiber puts Nokia network slicing technology to the test – Fierce Network

    Google Fiber Puts Nokia’s Network Slicing Technology to the Ultimate Test

    Kaseya Extends Community Investment with Addition of Technology Marketing Toolkit – Kaseya

    Kaseya Extends Community Investment with Addition of Technology Marketing Toolkit – Kaseya

    AI and the Trust Revolution: How Technology Is Transforming Human Connections – Foreign Affairs

    AI and the Trust Revolution: How Technology Is Transforming Human Connections – Foreign Affairs

    Technology And Construction Names Join Top Stock Lists: Check Out Additions To IBD 50, Big Cap 20 And More – Investor’s Business Daily

    Technology and Construction Leaders Surge Into Top Stock Rankings: See the Latest Additions to IBD 50, Big Cap 20, and More

    Trending Tags

    • Nintendo Switch
    • CES 2017
    • Playstation 4 Pro
    • Mark Zuckerberg
No Result
View All Result
  • Home
  • Business
  • Entertainment
    Immersive sports and entertainment venue Cosm set to build its 5th location in Cleveland – WKYC

    Cosm Reveals Exciting Vision for Its 5th Immersive Sports and Entertainment Venue in Cleveland

    Monumental Sports & Entertainment’s Samantha Brady on the Power of the RSN’s Direct-to-Consumer Streaming Service Monumental+ – Sports Video Group

    Samantha Brady Reveals How Monumental+ is Transforming Sports Streaming with Direct-to-Consumer Access

    Moses Singer Welcomes Entertainment and Intellectual Property Partner Frederick Bimbler – Yahoo Finance

    Moses Singer Expands Team with New Entertainment and Intellectual Property Partner Frederick Bimbler

    Longhua District and Max-Matching Entertainments, supported by RWS Global forge strategic partnership to develop international IP-themed entertainment complex – Amusement Today

    Longhua District and Max-Matching Entertainments, supported by RWS Global forge strategic partnership to develop international IP-themed entertainment complex – Amusement Today

    Government whip to withdraw Entertainment Complex Bill on July 9 – Nation Thailand

    Government whip to withdraw Entertainment Complex Bill on July 9 – Nation Thailand

    Magicians and Battlebots light up Las Vegas entertainment scene – KSNV

    Magicians and Battlebots Take Las Vegas Entertainment by Storm

  • General
  • Health
  • News

    Cracking the Code: Why China’s Economic Challenges Aren’t Shaking Markets, Unlike America’s” – Bloomberg

    Trump’s Narrow Window to Spread the Truth About Harris

    Trump’s Narrow Window to Spread the Truth About Harris

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Trending Tags

    • Trump Inauguration
    • United Stated
    • White House
    • Market Stories
    • Election Results
  • Science
  • Sports
  • Technology
    2025 WE Local Prague Recap: Inspiring Women in Engineering and Technology – Society of Women Engineers

    2025 WE Local Prague Recap: Inspiring Women in Engineering and Technology – Society of Women Engineers

    SMPTE Opens Early Bird Registration for Media Technology Summit – TVTechnology

    SMPTE Launches Early Bird Registration for Exciting Media Technology Summit

    Google Fiber puts Nokia network slicing technology to the test – Fierce Network

    Google Fiber Puts Nokia’s Network Slicing Technology to the Ultimate Test

    Kaseya Extends Community Investment with Addition of Technology Marketing Toolkit – Kaseya

    Kaseya Extends Community Investment with Addition of Technology Marketing Toolkit – Kaseya

    AI and the Trust Revolution: How Technology Is Transforming Human Connections – Foreign Affairs

    AI and the Trust Revolution: How Technology Is Transforming Human Connections – Foreign Affairs

    Technology And Construction Names Join Top Stock Lists: Check Out Additions To IBD 50, Big Cap 20 And More – Investor’s Business Daily

    Technology and Construction Leaders Surge Into Top Stock Rankings: See the Latest Additions to IBD 50, Big Cap 20, and More

    Trending Tags

    • Nintendo Switch
    • CES 2017
    • Playstation 4 Pro
    • Mark Zuckerberg
No Result
View All Result
Earth-News
No Result
View All Result
Home Business

Employees can repudiate their contract – and for employers, it’s not dismissal

October 30, 2023
in Business
Employees can repudiate their contract – and for employers, it’s not dismissal
Share on FacebookShare on Twitter

A recent ruling by the Fair Work Commission has brought the issue of repudiation into the spotlight.

The ruling serves as a useful reminder that employers have the option to accept an employee’s repudiation when an employee abandons employment, as opposed to proceeding with dismissal.

The case that brought this issue to attention was Muhammad Ali Quereshi v Spotless Services Australia Ltd 2023 (FWC 2411). The applicant worked as a full-time security guard for Spotless when he was, unbeknownst to his employer, arrested by South Australian Police and remanded in custody for 23 days before the charges were dropped and he was released.

While in custody, he was not allowed to access the internet or his mobile phone and was only permitted to speak with ‘nominated’ people. Because of this situation, he was unable to contact his employer to make them aware of what was going on.

Respondent asks employee to ‘show cause’

Spotless attempted to contact the staff member each time he didn’t show up for a shift, and after failing to attend five rostered shifts, a show cause letter was sent. This letter advised that his failure to report for work or explain his absence may be considered abandonment of employment and would lead to termination. 

After missing a sixth shift, Spotless let him know his conduct was considered a repudiation of his employment contract and, as such, Spotless accepted the repudiation.

When he was released from custody, the employee made multiple attempts to contact his former employer to explain his absence and ask for reinstatement, but this was met with an unsympathetic response from Spotless, which simply resent the letter stating he had repudiated his employment.

Repudiation of a contract is determined objectively

The former employee brought an unfair dismissal claim against Spotless, but the Fair Work Commission found Spotless had discharged the onus of establishing the former employee was not ‘dismissed’ within the meaning of section 386(1)(a) of the Fair Work Act 2009 (Cth).

While the FWC accepted the former employee did not mean to miss work and made reasonable attempts when in remand to notify his employer of the situation, the FWC also found the question of whether there has been a repudiation of employment contract is determined objectively.

At the heart of the FWC’s ruling is the fact it’s unnecessary to show a subjective intention to repudiate. Simply failing to attend multiple shifts without approval, prior warning or a timely explanation showed the former employee’s inability – although unintentional – to uphold substantial performance of the employment contract.

A ‘regrettable’ situation

The FWC described the case as both regrettable and fortuitously rare, as neither the employer nor the former employee was at fault. Spotless’ response of reissuing correspondence was found by the FWC to be ‘harsh’, however as it happened after employment had ceased, it was irrelevant to the case.

The FWC also stated it would be consistent with public policy for corrective services to find out if a person taken into custody needed assistance to inform their employer about their situation. The importance of employers making decisions about ending employment with “as accurate and timely information as possible” was also highlighted.

The key steps for employers when an employee has repeatedly failed to attend work without explanation include:

Alerting the employee to their obligation to attend work 

Taking reasonable steps to find out why the employee has not attended work

Providing an opportunity, otherwise known as ‘show cause,’ to explain their absence.

Having taken those steps, if the employer reasonably forms the view that the employee has abandoned their employment and elects to accept the repudiation, the employer should notify the employee of the acceptance of the repudiation.

It’s also important for employers to know that acceptance of repudiation does not constitute ‘dismissal’ at the initiative of the employer for the purposes of the unfair dismissal protections under the Fair Work Act.

Finally, it’s unnecessary to prove, as the Spotless case demonstrates, that an employee subjectively intended to abandon their employment.

Disclaimer

The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.

Lara Hues, Special Counsel, and James Sofianos, Graduate, Holding Redlich

Keep up to date with our stories on LinkedIn, Twitter, Facebook and Instagram.

>>> Read full article>>>
Copyright for syndicated content belongs to the linked Source : Dynamic Business – https://dynamicbusiness.com/leadership-2/expert/employees-can-repudiate-their-contract-and-for-employers-its-not-dismissal.html

Tags: businessEmployeesrepudiate
Previous Post

Angelina Jolie talks about Israel-Hamas conflict: This is what she said

Next Post

Australia’s SMEs outshine global peers in latest Xero report

2025 WE Local Prague Recap: Inspiring Women in Engineering and Technology – Society of Women Engineers

2025 WE Local Prague Recap: Inspiring Women in Engineering and Technology – Society of Women Engineers

July 10, 2025
Bulldogs Land Eight on Athlon Sports Preseason All-CUSA Team – LA Tech Athletics

Bulldogs Shine with Eight Players Named to Preseason All-CUSA Team

July 10, 2025
ECOLOGY ACTION CENTER – Ad from 2025-07-06 – The Pantagraph

See How the Ecology Action Center is Revolutionizing Environmental Change

July 10, 2025
Climate Disasters Like Texas Floods Moving Faster Than Science Can Keep Up – The Energy Mix

Climate Disasters Like Texas Floods Moving Faster Than Science Can Keep Up – The Energy Mix

July 10, 2025
The Best Science Fiction Novels to Read Right Now – The New York Times

Top Science Fiction Novels You Can’t Miss Right Now

July 10, 2025
This is the Summer of CoAqua. CoAqua Isn’t Just a Coconut Water — It’s a Lifestyle Brand That Disrupted the Hydration Game with Bold Flavors, Design-Forward Packaging, and a Good Mission – Nosh.com

This is the Summer of CoAqua. CoAqua Isn’t Just a Coconut Water — It’s a Lifestyle Brand That Disrupted the Hydration Game with Bold Flavors, Design-Forward Packaging, and a Good Mission – Nosh.com

July 10, 2025
Manchester United hope new stadium will host 2035 World Cup final, aim to finish project in 5 to 6 years – The New York Times

Manchester United hope new stadium will host 2035 World Cup final, aim to finish project in 5 to 6 years – The New York Times

July 10, 2025
Alaska is America’s worst state for business in 2025 as falling oil prices sink economy – CNBC

Alaska Braces for Toughest Business Climate in 2025 Amid Plummeting Oil Prices

July 10, 2025
Access Health CT expects significant drop in insurance enrollees as aid ends, Medicaid cut – CT Insider

Access Health CT Faces Steep Drop in Insurance Enrollments After Aid and Medicaid Reductions

July 10, 2025
The nation’s cartoonists on the week in politics – Politico

Top Cartoonists Bring This Week’s Political Drama to Life

July 10, 2025

Categories

Archives

July 2025
MTWTFSS
 123456
78910111213
14151617181920
21222324252627
28293031 
« Jun    
Earth-News.info

The Earth News is an independent English-language daily published Website from all around the World News

Browse by Category

  • Business (20,132)
  • Ecology (714)
  • Economy (737)
  • Entertainment (21,626)
  • General (15,816)
  • Health (9,774)
  • Lifestyle (744)
  • News (22,149)
  • People (739)
  • Politics (747)
  • Science (15,955)
  • Sports (21,236)
  • Technology (15,723)
  • World (720)

Recent News

2025 WE Local Prague Recap: Inspiring Women in Engineering and Technology – Society of Women Engineers

2025 WE Local Prague Recap: Inspiring Women in Engineering and Technology – Society of Women Engineers

July 10, 2025
Bulldogs Land Eight on Athlon Sports Preseason All-CUSA Team – LA Tech Athletics

Bulldogs Shine with Eight Players Named to Preseason All-CUSA Team

July 10, 2025
  • About
  • Advertise
  • Privacy & Policy
  • Contact

© 2023 earth-news.info

No Result
View All Result

© 2023 earth-news.info

No Result
View All Result

© 2023 earth-news.info

Go to mobile version