Breach of Employment Contract Case Study - Law Assignment Help

Assignment Task

In this case law, the issue is related to the breach of employment contract by employer. Here the employee wants to know about the remedies available for her to get the compensation against the breach of contract.
 

As per the given case law, Taylor was a law student of State University in Bendigo. After being interviewed by several law firms, she received the offer from Smith & Smith which was locatedat Melbourne. She decided to join the firm after the completion of her law graduation program. She also received an offer from Jones & Jones, located at Ballarat but she rejected their offer to accept the employment offer made by Smith. Before two weeks of her exams, Taylor shifted to the Melbourne and also received some stipend as the moving and living charges from Smith. Two days before of her exams, Taylor received the call from a smith partner who informed her that they are withdrawing their employment offer. Afterwards, Taylor took her exams and successfully completed her graduation program. Here in that case the employer made the breach of contract and the employee has the right to get the compensation against the breach of contract.
 

1. In the case of Taylor, Smith & Smith enters into an implied employment contract with Taylor which is enforceable by law. Hence both the parties are legally binding to the terms and conditions of the contract and to perform them. Here the breach of contract was made by Smith & Smith and Taylor is eligible to get the compensatory damages. As per the Law of Contract, an employment contract is an implied or written agreement made between the employer and employee. It can be breached by both the parties by failure of performance or by failure of payment against performance. A breach of contract occurs when any of the parties fails to honour the conditions and terms of the contract. The remedies against breach of contract depend on the fact that who performed the breach of contract. If the breach of contract is made by the employee then he can be held liable for the part of performance which is yet to be performed by him and also the employer can claim for the damages incurred due to the breach of contract. When the breach of employment contract is made by the employer, the employee is entitled to get the compensatory damages. The compensatory damages include the cost or expenses made by employee for performing the contract and the benefits which he would have received in case of successfully completion of contract. Also the employer who is in default for the breach of contract can be held liable for the full price of contract. However, the emotional damages occurred could not be claimed and awarded to either of the party.

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