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Breach of Contract
Breach of Employment Agreement

The agreement between an employee and an employer is a legally binding contract.

Employers are required to provide a written employment agreement. Many of the more

basic terms of your agreement are contained in employment related legislation. If

your employer fails to abide by the terms of the employment agreement, or the

legislation, you may have a claim for breach of contract.

Common breaches include: unilateral changes to working hours, nonpayment of wages,

unlawful deductions, failure to provide annual holidays, public holidays, sick leave,

bereavement leave, and other leave entitlements, breach of good faith, and unfair


We are highly familiar with the relevant legislation including the Employment Relations Act

2000, Minimum Wage 1983, Holidays Act 2003, Wages Protection Act 1983, and the Health

and Safety at Work Act 2015.

 The Worker’s Advocate process for breach of contract claims:

- discussion with employee and analysis of documents

- request for wage and time records

- formal claim lodged with employer

- discussion/negotiation with employer

- settlement or commencement of proceedings in the Employment Relations Authority

Notable breach of contract cases of The Worker’s Advocate:

Sachin Nayak v Urban Turban Ltd 01 June 2017 [2017] NZERA Auckland 160

- Recovery of Unpaid Wages/$30,000 in penalties

Domingo v Meng Suon & Ngan Heng t/a Town & Country Foods  07 March 2017  [2017] EMPC 222/2016

- employer found to have breached employment agreement; penalty ordered to be paid by employer to employee



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