Employer in breach of contract
Discussion
My borther's employer has repeated failed to pay him on time (4 times in less than 2 years) and he is considering leaving his current role. He has quite a long notice period (6 months) and is concerned this may hold him back in job hunting. I believe his employer is in breach of contract by failing to pay him on time, providing he is reasonable (i.e. works until his current project(s) are complete) can they stop him leaving early?
Sorry if this comes up often but I have done a search to no avail.
Sorry if this comes up often but I have done a search to no avail.
They probably are in breach of contract, but in this case that might not matter. If he has a job lined up then, unless there is a very well drafted non-compete clause then I doubt there is anything stopping him walking out of the door and taking the new job, he just won't get paid for his notice, but if he goes straight into employment that may not be an issue.
Good advice, it generally pays to stay friends, but if they are not paying him on time then they are failing in their most basic duty as an employer.
For me it would depend on whether I felt I was being paid late because they are disorganised, or because they were scratching around down the back of the sofa for each months salary. In the latter case i'd be more likely to consider getting a new job regardless as the likelihood is that at some point they will stop paying you completely.
For me it would depend on whether I felt I was being paid late because they are disorganised, or because they were scratching around down the back of the sofa for each months salary. In the latter case i'd be more likely to consider getting a new job regardless as the likelihood is that at some point they will stop paying you completely.
Failure to pay on time would not normally be a repudiatory breach of contract that would entitle the employee to terminate the contract without notice, but an accumulation of late payments could give rise to repudiation, applying the "last straw" approach.
Absent repudiatory breach, if the contract includes a garden leave clause, the employer could enforce the notice period by garden leave, if it pays the employee during the period.
Absent repudiatory breach, if the contract includes a garden leave clause, the employer could enforce the notice period by garden leave, if it pays the employee during the period.
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