The Court of Appeal agreed with the decision of the County Court in respect of an employee, who’s profession was teaching, that was suspended by an employer for an alleged use of unreasonable force with youths, in order for an investigation to be carried out. It was determined that there was no repudiatory breach of contract as a result of the suspension.
The High Court had wrongly come to a conclusion that a requirement for suspension to be reasonable was for it to be “necessary”.
The Court of Appeal considered if the implied term of trust and confidence had been breached, which had an effect on if the suspension was deemed to be justifiable and appropriate, which was a subjective question rather than a legal question.
