When will an employment contract be considered ‘breached’?

An employment contract stipulates the relationship between an employer and employee. These contracts are required to align with national legal standards that require employees to have access to minimum entitlements. These requirements are known as the National Employment Standards which are included in the Fair Work Act 2009. 

A breach of an employment contract is generally found where:

• an employee is terminated without reasonable notice;

• an employee is terminated without notice for misconduct and there were no reasonable grounds to do so;

• a fixed-term employment is terminated before the end of the term; and

• there is non-compliance with the National Employment Standards.

In these situations the employer and/or employee may require legal representation.

An employee may bring forward a breach of employment contract claim if they believe their employer has breached their contract or unfairly dismissed them.

Alternatively, an employer may require legal services when involved in a dispute regarding a wrongful breach of contract claim by an employee.