Question

In September, Amina hired Bryan as a delivery man. Bryan was to commence work on 1 November. On 1 October, Amina wrote to Bryan telling him that, despite their agreement, economic circumstances were such that she no longer required his services. Can Bryan sue Amina? Explain your answers in light of the principles learned on breach of contract.

Answer 1

A layoff is a termination of employment at the will of the employer. It may be temporary or permanent and can occur for several reasons including downsizing, changes in market conditions, or new technology however in this case the situation is different. Amina has involved in an economic circumstances so he refused Bryan for the services.There are legal agreement that has to be made while signing a job offer.

Here Anticipatory breach occurs when Amina announces, in advance of the due date of the job starts, that she intends not to fulfill his agreement of servicing him as a delivery man.

There might be two cases where he can sue the person as despite of having a new job offer he was still working with his old organization and after knowing the reason behind the rejected offer by her he made to continue with his old job obly but moreover the scenario could be different if left his job and is now jobless so it may lead to disguise the breach of contract.

According to the labour welfare law if any employer rejects the job offer the person can raise a concern against him.But economic conditions are a thing which can come up anytime so here is also the same case he hires him as a delivery man but due to economic problems amina is not in situation to pay the salary or dpnt have much money so he infoemed him priorily so that he can arrange his job accordingly.

Now a days due to covid-19 situation people are unable to make payment to their workers but in this case bryan has not started the job with Amina and due to economic issues she has the validate point that is right.