Employment contract disputes (civil action)

A claim under s 10 of the Fair Work Act (1994) (SA) (the State Act) may be limited to a monetary claim for a liquidated sum or debt under a contract of employment under s 10(1)(b) – in that case the commentary in relation to monetary claims will apply.

However, the claim may include in addition, or may be confined to, one or more of the following:

• A claim for damages with respect to a breach of contract of employment
• An action for an order for specific performance
• An action for the grant of an injunction.

Who is involved?

You can make an application to SAET if you believe that there has been a breach of your employment contract.

What can I expect?

It is sensible to seek advice from a Legal Practitioner who can provide advice and assistance about the process.

Is there a cost?

A claim under s 10 of the State Act which includes any of a claim for damages, or for an injunction or for specific performance, will incur filing and other fees in the same amount as would be have been incurred if such claims were filed in the District Court or the Magistrates Court.
Visit the fees page for more information.

Liability for the costs of the other party

If a monetary claim is brought under s 10 of the State Act, with or without additional claims such as for damages for breach of a contract of employment, or for an injunction or for specific performance, the costs of any proceedings will be awarded on the same basis as costs would be awarded in a corresponding civil action brought in the District Court or the Magistrates Court (as the case may be) – s 10(6) of the State Act.

Form(s)

Please obtain the relevant form(s) via the SAET Forms page. 

Where can I find more information?

If you would like more information about Common Law Actions you should seek advice from a Legal Practitioner.