I have been recently been sent a 'breach of employment contract' letter from by my previous employer stating that I have breached specific terms/covenants of my employment contract.
I am a physiotherapist and was working in private practice last year full time. My employment changed from a full time capacity role to part-time role and a change in pay schedule occurred due to me accepting a position with a sporting team. My private practice was adamant I stay on in a part time capacity to ensure patients would still be seen. Due to this, I requested a change in employment contract- stating the changes.
Prior to this change I was looking to resign my position regardless due to the inability of my workplace to make pays on time and a failure to pay superannuation-as stipulated on my employment contract.
Despite my requests, a new employment contract was not provided to me outlining changes and hence why I resigned 2 months later. Since resigning, I have commenced my full time employment with a sporting team. I have also started my own consulting 1 day per week out of a lease office under my own business name. This room is approximately 5.5km away from my old place of practice.
My previous employer caught wind that I had been seeing patients that I had previously consulted with and hence have sent be a breach of contract letter.
Are they able to defend their stance on my old employment contract given my change in position prior to resigning?
Given the my business is only open 1 day weekly compared to there's full time 6 days a week and given the patients I am seeing that were previously theirs makes up 20% of my business, would this be deemed 'reasonable' as a loss to there business to which they could claim damages?
Thanks,
I am a physiotherapist and was working in private practice last year full time. My employment changed from a full time capacity role to part-time role and a change in pay schedule occurred due to me accepting a position with a sporting team. My private practice was adamant I stay on in a part time capacity to ensure patients would still be seen. Due to this, I requested a change in employment contract- stating the changes.
Prior to this change I was looking to resign my position regardless due to the inability of my workplace to make pays on time and a failure to pay superannuation-as stipulated on my employment contract.
Despite my requests, a new employment contract was not provided to me outlining changes and hence why I resigned 2 months later. Since resigning, I have commenced my full time employment with a sporting team. I have also started my own consulting 1 day per week out of a lease office under my own business name. This room is approximately 5.5km away from my old place of practice.
My previous employer caught wind that I had been seeing patients that I had previously consulted with and hence have sent be a breach of contract letter.
Are they able to defend their stance on my old employment contract given my change in position prior to resigning?
Given the my business is only open 1 day weekly compared to there's full time 6 days a week and given the patients I am seeing that were previously theirs makes up 20% of my business, would this be deemed 'reasonable' as a loss to there business to which they could claim damages?
Thanks,
