Overview Pre-contract acts and discussion may be relevant in determining the terms of employment in the event of a later dispute. A job advertisement may form part to the contract of employment. The interview and what was discussed may be relevant. If a person enters a contract in reliance on a false statement, either of fact or future intention, there […]
Contract Law The terms of the employment relationship, including the mutual rights and obligations of employees and employers, depend in large measure on the terms of the particular employment contract. The basic principles of contract law apply to employment contracts. See the sections on contract law. To a large extent employer and employee are free to ‘agree ‘ the terms […]
Employer The parties to the contract should be specified. The contract for employment should identify the employer. This may be readily apparent in most cases. However, where there is a group structure, it may not be immediately apparent which company is to be the employer. A business may have a number of group companies, partnerships or other entities. The actual […]
Health and Safety Health, safety and welfare at work legislation require a safety statement. The safety statement should be made available to employees at the commencement of employment. The statement must, amongst other things, set out the rights and responsibilities of the employers and employees in relation to occupational safety and welfare. It should identify the risks that arise in […]
Categorisation of Employee v Independent Contractor I The distinction between employees and independent contractors is of great practical importance. However, it may be difficult in some cases to draw the line between a contract of employment and self-employment. The terms of the written contract between the parties is a consideration, but is not determinative. The issue of whether a person […]
Implied Terms in Employment Contracts If there is a written employment contract, which appears to cover all relevant matters, then it is presumed to comprise the entire agreement. Few employees have a comprehensive written contract covering all relevant matters. Accordingly, even apart from statute, terms may be implied into the employment contract. The statutory minimum rights must apply, and any […]
Overview of Implied Terms This article deals with some commonly found provisions which are implied in employment contracts at common law. The matters referred may be the subject of an express contractual condition, which may modify or alter the common law position. See the article on the implication of terms into employment contracts. In many cases, there will be implied […]
Maximum Duration of Probation Where an employee has entered into a contract of employment with an employer which provides for a probationary period, such period shall not exceed 6 months. The probationary period of a public servant shall not exceed 12 months. The probationary period may, on an exceptional basis, be longer where such a longer period does not exceed […]