An employment contract is a legal agreement between an employee and an employer created in presence of an employment lawyers Perth As they are legally bound, some serious consequences need to be faced by both an employee and an employer in case it’s breached. The important aspect is people do not realize its importance, which is why they need to face the consequences. An employment agreement describes the rules and regulations of the employment, like pay rate, working hours, job procedures, overtime requirements, grievance processes, termination requirements, etc.
When does a breach happen?
The industrial employment contracts are governed by territory, state, or federal acts, or the Fair Work Act. An employment agreement breach happens when either of them fails to continue with their duties. In such a breach, most times, the innocent party or the employee gets affected. They can either get terminated without any prior notice or may need to experience other losses. In case your employer has breached the contract, take a look to know and what you can do.
Different situations of a breach of an employment contract
Many situations are there when an employment breach can happen, and they are:
- Poor performance
It describes when an employee is not able to perform as per requirements, and it is one of the serious problems. In such instances, the employer might tell him or her to leave after getting the work done from him and without paying for it.
- Dismissed without paying
Even though the employment contract says that you need to serve a notice period, but the employer has dismissed you without any prior notice. Also, they have not paid compensation for that, making it extremely difficult for you to survive. It’s a breach of contract, and you can approach a law firm for legal help.
- Resign due to bullying
Due to harassment or bullying at the workplace by the employer, you need to leave the place. It’s a common issue that many people come across. Many people tend to keep quiet, but you should take some legal help.
- Breaking the employment contract
If an employer breaks an employment contract before the end dates without informing you, which he cannot do so, ask for some legal help under employment contract law. You have the right to ask for the reason for termination to your employer.
What can be done after the breach?
If there is a breach in an employment contract, you must check the details mentioned in the contract to know how much compensation amount or notice period you can serve. The agreement is only valid if both the parties have signed it; otherwise, not.
Initially, you can go and approach your employer and communicate the same. It can be an unintentional breach, or both of you might come up with a solution to resolve the matter. If he or she does not listen to you, it’s time to appoint employment law lawyers. They can guide you after going through the contract.
How to prove a breach?
Irrespective of the type of breach, there needs to be proof, signifying that you have experienced the situation. Therefore, show the contract containing the information, which has not been attained in case of you. Otherwise, prove that you have incurred losses, or the organization you are working for is responsible for the losses.
The legal remedies
The potential legal remedies that you can get once you appoint employment contract lawyer are:
- Compensatory damages
The employer will pay you the amount that you are eligible for, or he will give you a certain amount so that you can survive for the time being. No employer will be ready to give such compensations if you do not hire an attorney. Therefore, you must choose a lawyer if you face a breach.
- Specific performance
In this condition, the court might order the employer to allow you to work till the time being mentioned in the contract. If he cannot do that, you will get the salary for that particular time.
- Punitive damages
Comparatively, it happens when the employee gets bullied and faces harassment at work. In this instance, you can appoint a lawyer and ask for compensation or do something that allows you to work in the company without facing any similar situation.
Irrespective of whoever is breaching an employment contract, they need to face the consequences? If you come across any breach, it’s always better to approach the employment lawyers and get the compensation that you deserve. It might consume some time, be sure that you fight the case. Therefore, it’s always important to sign an employment contract before taking up a job. As a result, if you face any similar issues, you can prove that you are not at fault. For any further details, get in touch with the best lawyers in Perth.