Employment and Labour Law

In: Business and Management

Submitted By ngwawezi
Words 1662
Pages 7
A breach of an employment contract can occur where the parties to a contract fail to perform, precisely and exactly their obligation under the contract. A breach of contract by either party entitles the other party to either accept the breach or sue for damages, or to reject it and sue for specific performance. There are different types of breach of contract that can occur, according to M.R. Freedland. one type is the anticipatory Breach which was particularly developed in relation to the contract of employment to give immediate remedy to the employer for an anticipatory repudiation by the employee and occurs when a party to a contract repudiates his/her obligations under that contract before fully performing those obligations. The recognition of this type of breach occurred in Hochster v De la tour (1853)2 E&B 678 where it was held that the plaintiff, who was engaged by the defendant for three months service as a courier and notified before the engagement begun that that he would not be required, had an immediate action for damages for anticipatory wrongful dismissal, without the necessity to wait for the date on which the service should have begun. M.R. Freedland(1976)
The possible remedies one can obtain in Litigation may include the following:
Damages - According to M.R Freedland (1976) the remedy for damages for wrongful dismissal or breach of contract of employment is the most important remedy given by the common law, or by the rule of equity for the protection of the job security of the employee. It also follows that the measure of damages obtainable for wrongful dismissal or breach of contract is of great consequence, because it is the measure of the protection of security of employment at Common Law. In accordance with the general principle in contract, that of restitution in integrum which state the basis for the award of damages is to put the…...

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