evidence: Payment of wages – the rights and responsibilities of workers and employers [...] In most employment relationships, there is both an express and implied duty for the employer to pay their workers wages (unless the worker is in repudiatory breach of contract or has agreed to waive their contractual right to be paid for whatever reason). If the employer fails to pay a worker the full amount that they are owed under the contract then the employer has breached the terms of the contract. If this failure to pay wages is deliberate then this is a fundamental breach of contract and the worker can choose to terminate the contract of employment (and claim constructive unfair dismissal, if they are an employee and wish to do so). Alternatively, the worker can choose to waive the employer’s breach. If the failure to pay is a mistake on the employer’s part then there is probably not a fundamental breach of contract unless the employer’s conduct is repeated or unexplained. The obligation for the employer to pay the employee persists even if the employee is refused permission to come to work (i.e. for medical reasons, because of disciplinary suspension or if there is a work shortage).