Question 10 ( remedies for breach/ employment/mitigation/ penalty clause)
Monica is employed as the leading editor of ‘Satin Doll”a national fashion publication. Her contract provides for a salary of $150,000 per year based on working four days a week with one day off to look after her children. Under the contract either party can terminate the contract on six month’s notice. Monica works from the Sydney office and has three children who attend Sydney schools. One of her children falls ill and is taken to hospital for observation for three weeks. Because Monica misses an editorial deadline the managing director offers to transfer Monica to the Darwin office. She declines and the manager dismisses her on the spot.
Monica finds it difficult to get another job but after three months accepts an editing job with a ‘RichQuick’ a financial advisory newspaper with a salary of $120,000 per year, working five days a week . Monica wants to sue the publisher of “Satin Doll” for six month’s salary, compensation for the extra day’s work with her new employer and damages for lost pride.
Plaintiff (2 students): Advise Monica of her rights against Satin Doll
Defendant ( student) : Advise Satin Doll if it can successfully challenge Monica’s claim.
