SG & R Valuation Service Co v Boudrais & Ors - employee sent home on garden leave cannot claim repudiatory breach if he has made it impracticable for the employer to provide work - QBD 12.5.08
2 directors resigned, giving three month's notice. SG&R immediately started to discover signs of wrongdoing by them, and so wrote asking that they remain at home - in effect that they take gardening leave. They then wrote suspending the two directors.
The 2 directors immediately responded resigning with immediate effect and alleging that the letters requiring them to remain at home constituted a repudiatory breach. The directors were subsequently invited to disciplinary hearings.