Breach of Employment Contract

hermit

Hi All,

I joined a small company 3 years ago. I worked with them for bout 18months then left for a job with more salary. This job didnt work out after 2 months and I noticed one day that my previous employer was advertising for staff. I went back to them and the job being offered was more responsibility and more salary. They also offered to pay fees for my college course. So I rejoined and signed a contract in April 2007.

The last line of the contract states that I must stay with the company for 1 (one) calendar year.

Now the thing is I have been offered another job now with higher salary again. I told the company this (they weren't impressed) and they produced the contract I signed and said that I have to stay with them until April 2008 (i.e. the one year stipulation).

Now, can they make me fulfill the contract and can anything happen to me under contract law??

Info would be much appreciated

Tiesto

The fact that you left the initial job for a higher salary, then went crawling back AND they accepted to take you back.. its only fair that you work the one year..
Its not all about your payslip at the end of the month..
For myself anyways job satisfaction is hugely important

But back to the topic.....
As far as I'm aware, you are not obliged to work the full year but you do have to give a little notice, depending on how long you have been there already..
You will prob have to pay back some of the costs of the college course aswell.. check the contract...

The Hill Billy

OP - They probably won't be able to enforce it, but then again they might. As the other poster said check your contract.

A few words of warning though - Ireland is a small enough place to work in, particularly if you are involved in one type of industry/business. You could easily get a 'rep' for not being trustworthy. FFS - These guys took you back, gave you a higher wage AND paid for college fees.

What if it had been the other way around? What if the company reneged on some clause in the contract? Chances are you'd be hot-footing it onto boards to give out shíte about how you were hard done by by some shower of ßastards who had the fcuking temerity to not live up to their side of a contract & could you sue their sorry asses. Remember - What goes around, comes around.

subway

if its a salary then it has to be a years contract.
ie you get 50k on the basis that you work for one year.

if you dont work the year, they dont have to pay the 50k.
they wil generally pay you a pro rata rate as they have an obligation to pay for work done.
so, if you work 3 months and quit, they are not oblidged to give you the 50k, but only 25% of it, which you probably already have.

you may have to pay back all college fees as they are conditional on working the year and not direclty related to the work that you do.

(i am not a lawyer)

the_syco

Oh, and don't forget: if the new job sucks, I doubt you'll t be taken back on such nice terms.

Eoin

I'm surprised that there wasn't a specific clause for exactly this situation, otherwise they are effectively asking for a 12 month notice period.

If I were in your position, I'd expect to have to repay the college fees in full and forget about a reference.

mox54

a contract is a contract is a contract, nothing you can do unless they release you, sorry!