NSW Can Company Withdraw Their Job Offer Under Employment Law?

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16 November 2016
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I signed an offer with a company and have resigned from my current job. I received the email and phone call from this company that they had to retract the offer because of a board decision.

Is there any thing I can do under Employment Law?
 

Rod

Lawyer
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27 May 2014
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Under contract law you can. Was the salary confirmed, did you get an offer in writing, did you confirm the offer?

You may have an action against them for breach of contract. You may need to see a solicitor if you can't get your old job back.
 
16 November 2016
2
0
1
Under contract law you can. Was the salary confirmed, did you get an offer in writing, did you confirm the offer?

You may have an action against them for breach of contract. You may need to see a solicitor if you can't get your old job back.

Yes, the salary was confirmed and I got the offer in writing sign by me and the company. I don't think I can get my current job back as my current employer had found a replacement.

What kind of solicitor I need to look after this case? Even if they breach the contract law, what compensation I will get?
 

Rod

Lawyer
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27 May 2014
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What kind of solicitor I need to look after this case?

Preferably someone who knows about both contract law and employment law. Many employment lawyers know the basics of contract law, not all commercial lawyers understand employment law.

Even if they breach the contract law, what compensation I will get?

The solicitor you talk to will need to go through your facts before he can work out a possible claim amount.

If it was me, I'd call the company and tell them to honour the contract. Maybe you can convince them to go ahead with your employment. I wouldn't say anything at all about suing them.

If that fails recommend you, get some legal advice because the breaking of the contract can cost you serious money if you can't quickly get another job.
 

Matthew Lynch

Lawyer
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18 July 2016
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You absolutely have a claim here. The area of law would be breach of contract on the grounds of promissory estoppel or potentially breach of the general protections of the Fair Work Act 2009.

You relied on your employer's promise of an employment position and quit your previous job to start work at your new job. You relied on the promise to your detriment, and suffered loss as a result.

Your entitlement to compensation is based on past economic loss, such as lost wages from the job you quit to the conclusion of the proceedings, and loss of opportunity at your old job, and also future economic loss, being the wages you likely would have earned and any potential for advancement in that new position.

Let me know if you would like me to help you with this.