Claim are allowed up to USD 9,024.00 (United States of America dollars: Nine thousand and twenty four only). As to the second limb, the Claimant was to serve a five year contract; her contract would have run from 1st November, 2008 to 1st November 2013. The renewal of her contract was subject to satisfactory performance [see Regulation 22(1), (c)]. That is to say that it was not such an automatic renewal; rather, it was subject to a performance appraisal. Hence, to address the matter of contract renewal would be purely speculative and we decline to go that route. We also know and it is undisputed that the Claimant has been serving on short employment contract terms from 1st July, 2010 to 30th April, 2012, the latter being the expiry date of her contract. The Argument as to whether she had never raised a Claim until the expiry of her contract is untenable. Indeed, in White & Carter (Council) Limited vs. MC Gregor (1962) A. C. 413, the principle of the right of affirmation was laid down as: “………the right of an innocent Party faced with a repudiation or breach of contract, to elect to continue his own performance of earning his contract price or of obtaining a decree of specific performance against the wrongdoer.” We found it attractive and relevant to apply to the instant case. CLAIM NO.1 OF 2012 Page 30

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