| Commentary

(1) Generally

| Commentary

B.     Employer common law and equitable remedies for breach of contract

(1)     Generally

We shall now look at the issue of claims for damages by employers arising out of a breach of contract by the employee. It lies outside the scope of this chapter to consider claims that may arise in tort against a third party (such as a new employer) for inducing a breach of contract or against the employee and others for conspiracy to cause harm by unlawful means.

There is no reason in principle why an employee may not be held liable in damages for the breach of any express or implied term in the contract of employment.

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