An employee has overtly and repetitively stated (verbally and in writing) that they do not agree with or support the organisation’s management structure, strategy, operational practices and mission. However, despite written responses – and investigations into these allegations where necessary – the employee continues to restate their position. However, the employee does want to continue working for the organisation. Would the repetitive complaints constitute repudiation of contract? Or is there an alternate avenue for us to take as the employment trust relationship is broken and unrepairable.
You should seek specific legal advice so your lawyer can look at the employment contract and gain further instructions of the conduct. However, generally speaking it may be difficult to argue that the employee has repudiated the contract if they continually state that they want to continue working for the organisation. There may be ways to warn the employee (and eventually dismiss) if they continue to raise their complaints about the organisation but you would need to seek specific legal advice as it is not necessarily a straightforward process – you’d need to give them a lawful and reasonable demand to cease the conduct, warn them of the potential ramifications of continuing the criticisms, and potentially dismiss for misconduct, while conducting all of the above in a procedurally fair fashion to mitigate general protections and unfair dismissal liability.