What Can You Do if the Employment Contract Was Breached?
Whether you're an employee or an employer, you are entitled to specific rights that are included in the employment contract. But you are also bound to certain contractual obligations as stated in the agreement.
Keep in mind that as soon as you and your employee or employer mutually agree to enter an employment relationship, an individual contract of employment automatically exists between the two parties.
It doesn't matter if it's written or not. As long as you guys agreed to something, that's already an employment contract. Although it would be so much better if you both write down all the terms and conditions of the professional relationship.
Because if one of the parties fail to recognize or accomplish their contractual obligations, the innocent party can file a case against the other within the premise that the employment contract was breached.
What is a breach of an employment contract?
You can say that it's a breach of contract when either an employee or the employer fails to honour every term and condition of the employment contract.
Once this happens, the innocent party can sue the other party. If the breach done is extremely serious, the innocent party can end the contract immediately and sue the other one. The innocent party can also seek compensation for the financial losses and damages caused by the breach.
Here's what to do if the employment contract was breached
1. If you're an employee
There are many instances when you can say that there was a breach of contract that occurred. Below are those circumstances:
● If you were dismissed without notice that was stated in the employment contract.
● If your boss terminated a fixed-term contract before the end of the term, and also without giving you the reason
● If you were dismissed due to misconduct accusations without a reasonable basis
● If you were forced to resign because of the harassment or discrimination that you experience in the office. Especially if the bullying or misconduct was done by the employers themselves
If these things happen, you can always seek compensation for the financial loss caused by the breach of contract or wrongful dismissal by your employers.
You can bring it up in the common law courts or in the state and territory industrial relations commission.
● When filing for such claims, there are some factors that you need to know:
● The source of your rights - it can be the individual contract, legislation or an industrial instrument
● Your employer's business structure - whether the company is an incorporated trading entity, unincorporated, or a state public service
● Your salary
● How much compensation you are seeking
2. If you're an employer
If you're the boss and it's the employee that breached the contract, you can also file cases and seek compensation for losses and damages.
Below are some of the best examples of a breach of contract done by an employee
● When the employee divulged a piece of confidential information about the employer
● Breaking a valid trade clause within the employment contract
Aside from filing cases, you can also seek a court order that will restrain the employee from causing further losses to the company by doing something against the employer.
If you want to know more about employment contracts, it would be better if you seek help from an employment lawyer Australia. Whether you're an employee or an employer, seeking legal advice from professionals is the best thing that you can do. They will guide you every step of the way of filing cases or establishing sound arguments to help you win the dispute and get that compensation that you rightfully deserve.
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