You may have claims for wrongful dismissal or breach of contract against your employer in the event of termination of your employment contract.

In employment law, your claims for compensation for your financial loss caused due to the breach of employment contract or wrongful dismissal primarily depend upon the terms and conditions of the employment contract.

Apart from the compensation for financial loss, you may also claim compensation for various other losses which includes claims for entitlement to bonuses as per your employment contract.

Employees usually claim for Notice of Termination because it gives them the opportunity to seek for other employment within that time period.

An employment contract may contain a termination clause in it. However, this does not give the employer right to terminate the contract of the employee without any proper notice or cause.

The team of expert wrongful termination lawyers at Sydney based Owen Hodge can help you with your employment law claims regarding wrongful dismissals and unlawful termination claims.

Breach of an employment contract occurs when an employer:

  • Terminates an employee without having proper provisions for notice period in the employment contract;
  • Terminates a fixed-term employment contract before the end of the contract;
  • Terminates an employee on the basis of severe misconduct, without having reasonable grounds for the same; or
  • Repudiates the contract through its conduct which includes fundamentally breaching the duty to maintain trust and confidence in the *Employment relationship and brings the contract to the unlawful termination end

If you do not have a termination clause in your employment contract then you can make a claim for a reasonable notice period. Depending on your situation, the Court has wide discretion to determine the length of the reasonable notice period.

While determining your reasonable notice period, the Court considers factors including:

  • Length of employment service;
  • Seniority in the designation;
  • Age;
  • Qualifications and experience; and
  • Degree of job mobility.

The Court also considers other factors including:

  • The remaining period of employment of the employee;
  • Expected period of time the employee will take to obtain alternative employment;
  • Employee’s prospective pension or other rights;
  • The designation of the employee or importance of the employee’s position in the organisation;
  • Employee’s salary;
  • Duration of the hiring process and other industry practice; and
  • The nature of the employment.

Remedies for breach of an employment contract or unlawful termination:

  • Compensation; and
  • Specific performance of an employment contract.

Damages caused due to wrongful dismissals are awarded for loss of:

  • Wages and other remunerations;
  • Injuries suffered due to wrongful termination of an employment contract which includes psychiatric illnesses, and
  • Loss of opportunity to obtain further employment or participate in bonus schemes.

For additional information or assistance regarding wrongful termination or breach of employment contract, contact our team to find a Sydney lawyer at Owen Hodge.

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