CONTRACT - employment contract breached by failing to comply with Workplace Harassment and Discrimination Policy (Policy) - nature of the term - whether the Policy was incorporated into the employment contract as an essential term - test of essentiality - whether conduct evinced an intention to only fulfil the contract in a manner substantially inconsistent with contractual obligations amounting to repudiation - whether there was a sufficiently serious breach of a non-essential term to justify termination - affirmation and election - whether conduct consistent with acceptance of repudiation or renunciation
DAMAGES - foreseeability of the consequences of breach - remoteness - whether damages were the natural and probable consequence of the breaches or within the reasonable contemplation of the parties when they entered into the contract
COSTS - whether nominal damages warrant an award of costs where claim pursued for substantial damages - where part of claim settled by way of a deed in which sum of money was received - where remaining claims not established after execution of settlement deed - partial costs awarded up to the date of executing settlement deed
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