An employer or employee can breach a contract of employment in many different ways, and if the breach is considered to be fundamental the aggrieved party will be entitled to treat the contract as discharged, and sue for damages as a result of the breach.

Most commonly breach of contract claims revolve around a failure by the employer to give the appropriate period of notice when terminating an employees’ contract. Claims also frequently arise when employers seek to unilaterally amend employees’ terms and conditions of employment.

Prior to dismissing an employee or varying terms and conditions of employment, advice should always be sought to ensure that a breach of contract does not occur.