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The ELA is proud to welcome our newest member firms: Potter, Anderson & Corroon in Delaware and Morais Leitão in Portugal! 

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What constitutes “serious misconduct” sufficient to amount to a breach of an employment contract?

Submitted by Firm:
WongPartnership
Firm Contacts:
Jenny Tsin, Vivien Yui
Article Type:
Legal Update
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In Phosagro Asia Pte Ltd v Piattchanine, Iouri [2016] SGCA 61, the Court of Appeal overturned the decision of the High Court Judge and held that an employee’s breaches of his employment contract amounted to serious misconduct sufficient to amount to a repudiatory breach of that contract and to preclude the employee from claiming benefits following the termination of his employment. The Court looked at the common law principles relating to a repudiatory breach and held that, in the circumstances, the Respondent’s conduct regarding the reimbursement of his expenses was a clear breach of a term of the contract that was so important that any breach, regardless of the actual consequences of such a breach, entitled the Appellant to terminate the contract.

To view the Update, please click http://wongpartnership.com/index.php/files/download/2362.

 

 

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