Employment Law ­ FAQs

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Employment Law ­ FAQs

What is an employment contract?

An employment contract is a legally binding agreement between an employee and their employer. An employment contract can give rise to a conflict in written communication, verbal communication, or a combination of both. The contract will contain all the responsibilities as well as the rights of an employee as well as the employer’s obligations towards the employee.

What is a breach of employment contract?

If one party commits a serious or a fundamental breach of contract either party may bring an employment contract to an immediate end. If such a breach has occurred, it may allow an employee to resign without giving any notice, or an employer to terminate an employee’s contract without paying any notice.

What is a reasonable notice?

Reasonable notice will depend on the circumstances of each contract. However, some of the factors to keep in mind include the length of service, the salary, the seniority of the position, as well as the length of employment. In some cases reasonable notice can be as long as 12 months so it is therefore important that you seek legal advice about your reasonable notice entitlement.

How are rights in the workplace enforced?

It is up to your employer to prove that they did not take any adverse action against you as a result of you exercising your workplace right. It is in your best interest to work with an employment lawyer to ensure the best possible outcome.

What remedies are available for unfair dismissal proceedings?

If it was found that your dismissal was harsh or unjust, your employer may be ordered to reinstate you and pay compensation not exceeding 26 weeks’ pay.

What is a redundancy?

An employee can be considered to be redundant when the employer decides that the employee’s job is no longer necessary. This means that the job will be undertaken by anyone. The job may go for a number of reasons. But the key reason is that the job is no longer to be performed.

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