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Employment FactSheet

 

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Employer's Breach

If the employer breaches the contract the employee has the choice of accepting the breach or resigning.

Examples of breaches include:

1. False allegations of misconduct.

2. Harassing the employee.

3. Not paying wages / salary.

4. Changing an employee's job or terms of employment.

5. Changing the employee's work location without notice (if it is a major change)

In fact anything that breaches the "mutual trust and confidence" between the employee and the employer. This is the goodwill between the two parties that has to exist to make the relationship workable.

If the employee accepts the breach by the employer and remains in their job, the employee can still seek compensation from the employer for the breach of the contract.

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