Concut Pty Ltd v Worrell

[2000] HCA 64
Judgment date
Case number
B85/1999
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby JJ
Catchwords

Contract – Employee under oral contract of employment executed written contract with employer - Employee guilty of serious misconduct before date of written contract justifying summary dismissal under oral contract - Employer summarily dismissed employee not knowing of misconduct - Whether written contract a new and discrete contract that entirely replaced oral contract or whether oral contract varied - Whether written contract removed employer's right under oral contract to dismiss employee summarily - Whether terms in written contract relating to dismissal had prospective operation only - Terms implied by law into contract of employment.

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