If the employer breaks a contract of employment, then an employee can sue the employer in a civil court case for breach of contract or can refer the dispute to the Department of Labour (for example if you have not been paid your annual leave or overtime payment). It is easier to prove that an employer broke a contract of employment if the contract is in writing. If the contract is verbal, it is always better to have witnesses. If you don’t have witnesses, then it is the employee’s word against the employer’s word. (See: Civil Claims)

The employee is always entitled to at least the terms and conditions in the Basic Conditions of Employment Act (BCEA). If the breach of contract goes against a term or condition in the BCEA then an employee can go to the Department of Labour and lay a complaint. The Department will investigate the complaint and if it is found that the employer has not followed the contract of employment, then the Inspector may issue a Compliance Order which tells the employer to comply with the BCEA. This is a much easier and cheaper way to deal with problems that fall under the BCEA.