Rights to damages for breach of contract
3 Rights to damages for breach of contract
S. 3(1) amended by No. 10/2005 s. 3(Sch. 1 item 28.1).
Where the Crown or a relevant responsible body suffers loss or damage as a result of a breach of contract of employment by employees of a person who is engaged in carrying out a contract to which this Act applies with the relevant responsible body and that breach of contract has been induced or is deemed to have been induced by an organization or an officer of an organization the Crown or the relevant responsible body may recover from the organization and any officer of the organization which or who induced or is deemed to have induced the breach of contract the amount of the loss or damage suffered by the Crown or the relevant responsible body as a result of that breach of contract by action against the organization and any officers of the organization who induced or who are deemed to have induced the breach of contract.
An organization and any officers of the organization against whom action may be taken pursuant to subsection (1) shall be jointly and severally liable for the loss or damage.
S. 3(3) amended by No. 10/2005 s. 3(Sch. 1 item 28.2).
An organization shall be deemed to have induced a breach of contract for the purposes of subsection (1) if the organization or any officer of the organization has by any act or omission induced or attempted to induce the breach of contract, or has made any threat or exhortation or exerted or attempted to exert any influence that might be likely to encourage an employee to breach a contract of employment.
This Act’s bill:Second reading speech
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