The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment
Conundrum Resolved
Bibliographic Data
| ID | 9196127 |
|---|---|
| Authors | David Cabrelli (0000-0001-7503-1926), Rebecca Zahn (0000-0001-9378-5772, Richmond upon Thames College) |
| Year | 2013 |
| Volume | 76 |
| Issue | 6 |
| Pages | 1106-1119 |
| Publication date | 2013-11-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1468-2230.12049 |
| OpenAlex | W1858360771 |
| Language | EN |
| References cited | 13 |
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 S upreme C ourt in Société Générale (London Branch) v Geys has finally resolved this question. By a majority, the S upreme C ourt 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
Business · Context (archaeology) · Contract management · Contract theory · Dismissal · Economics · Employment contract · Exclusion clause · Labour law · Law and economics · Management · Microeconomics · Political science · Privity of contract · Unfair dismissal · Work (physics) · Engineering · European and International Contract Law · History · Law · Legal Issues in South Africa · Legal principles and applications
| Highly cited | No |
|---|