Commentary

(h) Effect of employee's misconduct on pay

Division BI Pay
| Commentary

(h) Effect of employee's misconduct on pay

| Commentary

(h)     Effect of employee's misconduct on pay

A worker who remains working normally, or is ready and willing to do so (so that there is no question of part performance) may nonetheless have committed a repudiatory breach of contract, eg because he has been defrauding the employer. In those circumstances he is still entitled to be paid until such time as his repudiatory breach is accepted by the employer and the worker is dismissed. Until that time, the contract is still subsisting, there is no failure of consideration and wages are payable. This principle was established in Horcal Ltd v Gatland

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