Isobel was by day an Events Co-ordinator at East Sydney Council on a fixed term contract for 3 years, and by night a performer in the exotic aerial arts trapeze. Isobel's supervisor Barry was aware that she wished to leave early at 3pm on Thursdays to do her aerial arts trapeze second job. Isobel's contract expires in January 2021. It does not contain any notice provision.

After several months, Isobel requested a reduction from her contracted 38 hours to 22 hours a week, so she could increase her hours in her secondary employment. Because Council had a number of employees on, or soon to be on leave, and several projects that needed completing, it declined Isobel's request. Following Council declining her request, Isobel then tendered her written resignation, claiming she had no choice if she was to pursue her 'true passion' of aerial trapeze. After working out her notice period, Isobel filed an unfair dismissal claim.

You are the Human Resources Advisor for the Council. Advise the Council on the type of dismissal Isobel will likely be claiming, related case law and Isobel's prospects of bringing a successful claim.

Assume Isobel's supervisor Barry was not aware she had been working as a trapeze artist as a second job. One evening, Barry happens to visit the club where Isobel works. Barry approaches Isobel the next day at work and asks her how her evening was, and whether she did anything "interesting." Isobel responded that she "watched Netflix all night." Barry fires her on the spot.

Advise the Council on whether Barry is justified in summarily terminating Isobel's employment. In your answer explain the requirements for instant dismissal, related case law and what common law principles may apply in this situation.