NSW Employer Rescinded Employment Offer - Compensation?

[Emge0708]

Just a thought - Were you asked about medical conditions when you applied? If so, did you disclose the reason for the regular appt?

 

[Rob Legat - SBPL]

I don't have a ton of experience in employment law, so I'm happy if someone who knows more wants to correct me here.

In an action for breach of contract, you'll have to prove damages to get a 'win'. Apart from being upset, and potentially losing some time, what are you actual damages?

Also, contracts of employment aren't generally enforceable - otherwise you could compel people not to quit.

 

[Emge0708]

I agree with Rob - Further, if the potential employer did make an offer capable of acceptance and the Court found a valid/enforceable contract, the likely outcome would be specific performance - seeing you employed by a Company who would be very quick to terminate your probation I imagine (no recourse there sadly)...

To be a bit "glass half-full" about the situation, I would be quite thankful I realised how unreliable the employer was now and not 12 months into the job. Their loss, move on and find a better employer to work for I reckon

 

[Rod]

I agree damages are necessary and note lost opportunity can be damage. Just need to convince the judge.

Court will likely not order specific performance in a personal services contract. They prefer to separate parties in these circumstances and deal with all resulting damages.

 

[Shazpr61]

I don't have a ton of experience in employment law, so I'm happy if someone who knows more wants to correct me here.

In an action for breach of contract, you'll have to prove damages to get a 'win'. Apart from being upset, and potentially losing some time, what are you actual damages?

Also, contracts of employment aren't generally enforceable - otherwise you could compel people not to quit.

Thanks Rob and Emge0708.

Emge0708 yes I did share the details of the medical appts even included name of specialist. I wondered if there is even discrimination involved as I stated I needed to attend unpaid as a carer.

I would not like to see them do it to another person so I think I will write them a letter to get them thinking.

I understand reinstatement but would I not have the right to decline in favour of pay in lieu?

Thank you. I am determined to put this behind me as soon as possible.

 

[Emge0708]

Apologies, Rod is correct, it is incredibly unlikely specific performance would be ordered, I merely mentioned it given it is the only feasible outcome in the absence of damages; at least in my opinion.

I had a quick look at some past cases and found a similar case, although with some fundamentally different material facts - Citigroup Global Markets Australia Holdings Pty Limited v David Walker 233 ALR 687 - where Citigroup was liable for the economic loss suffered by Mr Walker after rescinding an employment contract - NB: Mr Walker resigned from another employer join Citigroup, hence the significant damages - He also earned $1 million + p.a. so likely had more QC's than Queen Elizabeth. If you check out where that case is cited you might be able to find a more relevant example to your situation

Also, the fact you mentioned the medical situation is good, indeed it may be discrimination depending on the illness and whether they revoked the offer for this reason or another reason altogether.

Let me know if you have more questions