Yap v Granich & Associates

The case of *Yap v Granich & Associates* concerned a dispute between a former employee, Mr Yap, and his former employer, Granich & Associates, a firm of solicitors. Mr Yap alleged that his employment was terminated in breach of contract and sought damages for wrongful dismissal. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the employer's conduct constituted a repudiation of the employment contract, thereby entitling Mr Yap to resign and claim damages for breach of contract. Specifically, the court had to determine if the employer's actions, as alleged by Mr Yap, were so serious as to evince an intention no longer to be bound by the essential obligations of the employment contract.

The High Court considered the principles governing repudiation in contract law, particularly in the context of employment. Their Honours noted that repudiation occurs when one party demonstrates an intention to abandon or be no longer bound by the contract. This intention can be conveyed by an express declaration or by conduct. The court emphasised that the test for repudiation is objective, focusing on what a reasonable person would infer from the party's conduct. In this instance, the court found that the employer's conduct did not amount to a repudiation of the contract, and therefore Mr Yap's resignation did not constitute a constructive dismissal.

Consequently, the High Court dismissed Mr Yap's appeal, finding that there was no breach of contract by Granich & Associates.