|Appears in Collections:||Law and Philosophy Journal Articles|
|Peer Review Status:||Refereed|
|Title:||The elective and automatic theories of termination in the common law of the contract of employment: Conundrum resolved?|
Contract of Employment
Termination of the Contract of Employment
Gunton v Richmond-upon-Thames London Borough Council
Société Générale (London Branch) v Geys
|Citation:||Cabrelli D & Zahn R (2013) The elective and automatic theories of termination in the common law of the contract of employment: Conundrum resolved?, Modern Law Review, 76 (6), pp. 1106-1119.|
|Abstract:||If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the elective theory) or whether the former's breach operates to bring the contract of employment to an end (the automatic theory). The recent decision of the Supreme Court in Société Générale (London Branch) v Geys has finally resolved this question. By a majority, the Supreme Court held that the elective theory also applies in the context of a wrongful repudiation of the employment contract by express dismissal or resignation. This note examines the significance of Geys in the context of the common law of the contract of employment and evaluates whether a number of related issues surrounding the breach and termination of the employment contract have been resolved.|
|Rights:||The publisher does not allow this work to be made publicly available in this Repository. Please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study.|
|MLR Case Note.pdf||118.13 kB||Adobe PDF||Under Permanent Embargo Request a copy|
Note: If any of the files in this item are currently embargoed, you can request a copy directly from the author by clicking the padlock icon above. However, this facility is dependent on the depositor still being contactable at their original email address.
This item is protected by original copyright
Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.
If you believe that any material held in STORRE infringes copyright, please contact firstname.lastname@example.org providing details and we will remove the Work from public display in STORRE and investigate your claim.