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
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