If a potential employee has signed their contract and it has been counter-signed by the employer and handed back to the employee, what action must the employer take if the employee does not present for work?Posted in : First Tuesday Q&A ROI on 5 September 2017
Once the employee has accepted the offer of employment and signed the contract provided, a legally binding contract has been created with a consequent obligation on the employee to turn up for work as expected. However, if the employee doesn't turn up as scheduled on their first day the employer unfortunately has few remedies. While technically an employer may go to the High Court and seek specific performance of the contract, in reality you can't force someone to work for you and particularly if neither side has commenced their obligations under the contract and have not incurred any detriment, a court is unlikely to rule in favour of an employer in this situation. In addition, the
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Back to Q&A's This article is correct at 05/09/2017
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