breach of employment contract

Please be aware that Mr. George Marsh, our client, has asked us to look into the matter and, if required, take swift and assertive legal action against Shearer-Quigley Hospital, which you represent, for wrongful termination and breach of employment contract.

Since the first day he started working for your client’s organization, Mr. Marsh has put in diligent effort. He was employed in accordance with the policies in the employee handbook, which make explicit the purpose and details of the employment contract which ought to be followed and adhered while making any decision that might affect Mr. Marsh well being in the Hospital where he worked. We are also alive to the fact that Mr. Marsh was wrongfully discharged on grounds of reporting criminal activities taking place in the nurses’ station after viewing a certain note. Below is our client’s position on breach of employment contract and also unfair wrongful discharge.

1. Wrongful Discharge

It is our position that Mr. Marsh was unfairly dismissed bearing in mind that there is a clear dismissal policy in the employment handbook. This was not taken into account. It is also claimed that one of the reasons for dismissal was due to the fact that Marsh reported criminal activities which he learned about from a note he found at the nurses’ station. This does not warrant dismissal of any kind and in fact Mr. Marsh being a law abiding citizen actually ought to have been rewarded by the hospital management for this brave action of ensuring no criminal activities happen in the hospital. Marsh is a man of integrity and his clean and open principles remain the same and will not change any sooner. It should be known that Mr. Marsh being a law abiding citizen clearly follow the dictums of the law hence the main reason of reporting the criminal activities.

It should also be noted in the case of Wallace vs. united grain growers the learned judges stated that termination of contracts n grounds of bad faith amount to wrongful discharge. This is similar to our context because your actions clearly demonstrate bad faith to our client which should not be the case (Wilson & Kieran vol.24)

2. Breach of Employment Contract

Due to the fact that Mr. Marsh was employed under the employment handbook, it is clear that the terms of employment, terms of service and also the dismissal policy are in place to be followed perfectly well. This was not the case as Mr. Marsh employment contract was actually terminated pre maturely. Your client failed meeting his contractual obligations by terminating our client’s contract making him suffer the pain of not having the capacity of earning a livelihood. Mr. Marsh depended on this job so much since it was his main source of income. He has subsequently not been able to be in the same position due to lack of income after the breach of contract.

The case of Hadley v Baxendale, is a landmark case due to the fact that it set the basic rule that determine consequential damages from a breach of contract, the breaching party is liable for all losses that the contracting parties should have foreseen. You should take advice from the decision in this case and reinstate Mr. Marsh back to his job to avoid paying for these foreseen damages (Lucke 117).

It is our position that this wrongful discharge and termination of employment contract has caused Mr. Marsh many impediments in his life which ought not be the case as we retaliate he depended on this job to take care of his family and as a source of livelihood. It has also made him be unstable in life hence causing stress and unnecessary emotions.

We wish that Mr. Marsh gets back his job as quick as possible which he will continue working diligently as expected or if the situation is irreconcilable compensate him for an extended time since he depended on this job and in light of the unfair dismissal it is the hospital that should remunerate for each and every damages caused.

Take notice that if we do not receive assurances regarding the issues raised above within 10 days of your receipt of this letter, we have firm instructions to instigate a suit against you for wrongful discharge without any further notice. Kindly be advised.

Yours faithfully

Ezra Martins & Associates

Ezra Martin

Bibliography

Lucke, H. K. “The So-Called Reliance Interest in the High Court.” Corp. & Bus. LJ 6 (1993): 117.

Wilson, John, and Kieran Pender. “Keep the faith?: The good, the bad and the uncertain in Australian employment contracts.” Ethos: Official Publication of the Law Society of the Australian Capital Territory 240 (2016): 24.