> #legal-remedies , #employment-law , #common-law > List and discuss the common -law remedies available to an employee when the employer is breach of the employment contract?
Anonymous
Feb 19

List and discuss the common -law remedies available to an employee when the employer is breach of the employment contract?

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Feb 19
1. Damages: One common remedy available to an employee when an employer breaches the employment contract is to seek damages. This may include compensation for any financial losses suffered as a result of the breach, such as lost wages or benefits.

2. Specific performance: In some cases, an employee may seek specific performance as a remedy for breach of contract. This means that the employer may be required to fulfill their obligations under the contract, such as providing a certain level of compensation or benefits.

3. Rescission: Rescission is another remedy that may be available to an employee in cases of breach of contract. This involves canceling the contract and returning both parties to their original positions before the contract was entered into.

4. Injunction: An injunction is a court order that requires the employer to stop certain actions or behaviors that are in breach of the employment contract. This remedy may be sought to prevent further harm or damage to the employee.

5. Constructive dismissal: If the breach of contract is severe enough, an employee may have grounds to claim constructive dismissal. This occurs when the employer's actions or behavior make it impossible for the employee to continue working, effectively ending the employment relationship.

It is important for employees to seek legal advice when considering their options for remedies in cases of breach of employment contract. An experienced employment lawyer can help assess the situation and determine the best course of action to protect the employee's rights and interests.
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