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Constructive dismissal: When non-payment of the agreed remuneration is a repudiatory breach of contract

This report relates to 1 case(s)

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    Cantor Fitzgerald International v Callaghan and others [1999] IRLR 234 CA (0 other reports)

The question whether non-payment of agreed wages, or interference by an employer with a salary package, is or is not fundamental to the continued existence of a contract of employment depends on the "critical" distinction to be drawn between an employer's failure to pay, or delay in paying, agreed remuneration and its deliberate refusal to do so, holds the Court of Appeal in Cantor Fitzgerald International v Callaghan and others 21.1.99 Court of Appeal. Where the failure or delay constitutes a breach of contract, depending on the circumstances, it would be open to the court to conclude that the breach was not repudiatory.