INDUSTRIAL LAW - workplace rights - whether employment terminated because employee had a workplace right or exercised a workplace right - termination for non-prohibited reason established
CONTRACTS - employment contract - principles of construction - contract provided for remuneration measured by reference to key performance indicators - whether obligation on employer to set key performance indicators in advance of measurement of remuneration - obligation upon employer to allow the employee the benefit of the employment contract - failure to set key performance measures in a timely manner - breach of contract shown
DAMAGES - employment contract - breach - failure of employer to set key performance indicators in a timely manner - loss of commercial opportunity or chance - loss of opportunity to obtain the benefit of contractual remuneration
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