Carr v Ilsc (Brisbane) Pty Ltd and Anor, Pathik v Ilsc (Brisbane) Pty Ltd and Anor (No 2)

In *Carr v Ilsc (Brisbane) Pty Ltd and Anor* and *Pathik v Ilsc (Brisbane) Pty Ltd and Anor (No 2)*, Judge Cameron of the Queensland Civil and Administrative Tribunal (QCAT) considered applications by the applicants, Mr Carr and Mr Pathik, for compensation for alleged breaches of their employment agreements by the respondent, Ilsc (Brisbane) Pty Ltd. The applicants sought damages for loss of income and other entitlements.

The primary legal issues before the Tribunal were whether the respondent had breached the employment agreements with the applicants, and if so, what damages were recoverable. Specifically, the Tribunal had to determine if the respondent's actions constituted a repudiation of the contracts, entitling the applicants to terminate their employment and claim damages for the unexpired term of the agreements. The Tribunal also considered the applicants' duty to mitigate their loss.

Judge Cameron found that the respondent's conduct, including significant changes to the applicants' roles and responsibilities and a failure to provide agreed remuneration, amounted to a repudiation of the employment contracts. The Tribunal applied the principles of contract law, holding that a party's conduct can amount to repudiation if it demonstrates an intention no longer to be bound by the essential terms of the contract. The Tribunal also affirmed the applicants' obligation to take reasonable steps to mitigate their losses, which involved seeking alternative employment.

The Tribunal ordered that the respondent pay damages to each applicant, calculated to compensate them for the loss of income and other entitlements for the unexpired period of their respective employment contracts, less any amounts earned or that could have been reasonably earned in mitigation.