Cantor Fitzgerald International v Callaghan and others [1999] IRLR 234 CA

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

Date:

15 March 1999

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.