Key Points:
Varying an employee's duties and responsibilities
may have the effect of repudiating the employment
contract.
To what extent can you vary an employee's duties and
responsibilities before you have signalled that you no longer
intend to be bound by the employment contract? Justice Sackar's
recent decision in Paul Fishlock v The Campaign Palace Pty Limited
[2013] NSWSC 531 is a useful reminder of the relevant
principles.
Fishlock's employment contract
In 2003, Paul Fishlock commenced employment with The Campaign
Palace as Chairman/Executive Creative Director (a title used
interchangeably with Chairman/National Executive Creative
Director).
In September 2010, there was a vacancy for the Sydney Creative
Director, who had reported to Fishlock. The Campaign Palace
management considered Reed Collins, but he was only interested in
joining the firm if he could be the creative lead nationally.
