repudiation of employment contractprolonged absenceperemptionalternative employment
Tags
repudiationemployment contractprolonged absence
legislation
Statutes Cited
Labour Act
Supreme Court Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the appellant is estopped from raising repudiation by doctrine of peremption","issue_type":"legal","dispositive":"no","related_facts":"Appellant's treatment of respondent during absence; assessment proceedings"}
{"issue_text":"Whether the respondent repudiated his contract of employment","issue_type":"mixed","dispositive":"yes","related_facts":"One and a half years absence; seeking alternative employment; returning only when salary stopped"}
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background
Facts of the Case
Background
The respondent, a nurse employed by the appellant since 2003, absented himself from duty for one and a half years (October 2008 to May 2010) and sought alternative employment during this period. He returned in March 2020 claiming unpaid salary. The Supreme Court remitted the matter to determine whether this constituted repudiation of the employment contract.
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