Concut Pty Ltd v Worrell (2000) 176 ALR 693

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Facts
  • Concut had been employed by Worrell for 6 years with no written employment contract.
  • It was always the understanding that severe misconduct could result in immediate termination.
  • In 1986, they signed a document outlining some terms of employment, which said they could terminate with 3 months notice.
  • Later, it was found that Concut had stolen from Worrell, and they terminated immediately. Concut sued, saying the new agreement had replaced the old agreement.
Held
  • Gleeson, Gaudron & Gummow JJ held that even though the new agreement was in force, the old agreement could “fill the gaps”.
  • Therefore, there was an implied term that serious misconduct resulted in immediate termination.
  • The new contract did not totally override the old contract.

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