Fitzgerald v Dulwich College: Anticipatory Breach of Employment Contract Dispute

In the case of Ruth Fitzgerald against Dulwich College (Singapore) Pte Ltd, heard in the General Division of the High Court of Singapore on 20-21 March and 18 April 2024, the court addressed the issue of whether Fitzgerald wrongfully terminated her employment contract. Dulwich College claimed Fitzgerald anticipatorily breached her contract by stating she would not return to Singapore until January 2022. The court dismissed Fitzgerald's claim, finding that she had communicated her intention to delay her return, justifying the termination.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Claim Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Ruth Fitzgerald sued Dulwich College for wrongful termination. The court found Fitzgerald anticipatorily breached her contract by indicating she wouldn't return to Singapore on time.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ruth FitzgeraldClaimantIndividualClaim DismissedLost
Dulwich College (Singapore) Pte LtdDefendantCorporationJudgment for DefendantWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Samuel Richard SharpeSharpe & Jagger LLC
Goh Seow HuiBird & Bird ATMD LLP
Cristel Chong Kar YeeBird & Bird ATMD LLP

4. Facts

  1. Claimant was employed as a school counsellor under a 3-year fixed term contract.
  2. Claimant's contract was terminated on 5 August 2021.
  3. Claimant left Singapore on 28 June 2021 for Ireland for the summer vacation.
  4. Claimant received an email on 5 August 2021 notifying her of termination.
  5. Defendant alleged claimant stated she would not return to Singapore until January 2022.
  6. School term was scheduled to recommence on 18 August 2021.
  7. Claimant's husband required medical treatment in Ireland.

5. Formal Citations

  1. Fitzgerald, Ruth v Dulwich College (Singapore) Pte Ltd, Originating Claim No 314 of 2022, [2024] SGHC 114

6. Timeline

DateEvent
Claimant's 3-year fixed term employment contract commenced
School headmaster's letter stated all staff required to be at College on the first day back of the new academic year in August
Claimant indicated intent to travel overseas
HR informed claimant she has to provide her full travel itinerary
Claimant responded to HR email
HR sent email to claimant informing her of updates to the travel restrictions
HR asked claimant to update her on her travel plans
Claimant responded she was intending to travel to Ireland
HR asked for claimant’s flight itinerary and planned return date
Claimant responded to HR email
Claimant and her family left for Ireland
Line manager asked claimant if there was any news on returning to Singapore
Claimant informed line manager they were expecting to have her husband’s final results over the coming days
Claimant confirmed she had a clearer picture of her husband’s situation
Claimant and line manager scheduled a video call
Claimant and line manager had a WhatsApp call
Claimant received the emailed letter of termination
Line manager reached out to the claimant on WhatsApp
Defendant’s school term was scheduled to recommence
Claimant instructed her solicitors to write to the defendant
Ransomware attack on the Health Service Executive of Ireland
Trial began
Trial
Trial
Judgment reserved

7. Legal Issues

  1. Anticipatory Breach of Contract
    • Outcome: The court found that the claimant's statement that she would not return until January 2022 constituted an anticipatory breach of her employment contract.
    • Category: Substantive
    • Sub-Issues:
      • Deprivation of benefit of contract
      • Inability to perform duties
  2. Wrongful Termination
    • Outcome: The court held that the termination was justified due to the claimant's anticipatory breach.
    • Category: Substantive

8. Remedies Sought

  1. Compensation for wrongful termination

9. Cause of Actions

  • Breach of Contract
  • Wrongful Termination

10. Practice Areas

  • Commercial Litigation
  • Employment Dispute

11. Industries

  • Education

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Anticipatory breach
  • Wrongful termination
  • Employment contract
  • Fixed term contract
  • School counsellor
  • International school

15.2 Keywords

  • Employment
  • Contract
  • Termination
  • Breach
  • Singapore
  • School

17. Areas of Law

Area NameRelevance Score
Employment Law95
Anticipatory Breach90
Termination90
Breach of Contract90
Wrongful Termination85
Evidence Law60
Commercial Disputes30
Estoppel20

16. Subjects

  • Contract Law
  • Employment Law
  • Anticipatory Breach