High Court of Australia

Concut Pty Ltd v Worrell [2000] HCA 64

75 ALJR 312; 176 ALR 693

14 Dec 2000

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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