Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Were these overtime hours always consistently given to him?
Hi there, apologies for the delay in replying, I was away at the weekend and have only just returned, hope this still finds you in good time. I very much fail to see how this person can have any legitimate claim against the GM. First of all there must have been a breach of contract for this to happen. This does not appear to be the case here as these were hours which were not guaranteed in any way, not due under contract or rostered and were always worked on an ad-hoc basis. Secondly, I do not see how this claim can be made against the GM personally - if anything it should have been made against the company because the contractual relationship is between the employee and the company, not the GM. So he has been picked as the respondent in error and should not be answering this claim. Ideally he needs to raise this issue with the court and advise them that this claim has no reasonable prospects of success because it has been made against a prty which has no contractual relationship with the claimant and as such there can be no claim against them in the first place, hence why it should actually be struck out. But even if the claim was to proceed to give the parties a chance to argue their case, legally I find it very difficult to see how they would have a valid claim in these circumstances so I am positive that it will not succeed in the end.
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