Employment Contract

Specifying Terms

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.… Read the rest

Restraint of Trade

Overview Contracts in “restraint of trade” are void. This is because it is a fundamental principle, that a person should be free to use his labour or exercise his trade whether as employee or trader. Restraints are permissible where the agreement not to trade is for an objectively justifiable reason and extends no wider than necessary.… Read the rest

Restraint Issues

Employment Contracts and Restraint of Trade Restraint of trade clauses are commonly found in employment contracts and in contracts for the sale of a business. The practical effect of a restraint of trade covenant is to restrain competition. … Read the rest

Pre-Contract

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.… Read the rest

Implied Terms

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.… Read the rest

Implication of Terms

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.… Read the rest

Employee v Contractor

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.… Read the rest

Discipline & Grievances

Grievances and Discipline The WRC and the courts are concerned principally with the fairness of workplace procedures. They do not generally seek to examine grievances, complaints and disciplinary action on their merits. Many, if not most unfair dismissals arise by reason of the failure of the employer to afford fair procedures.… Read the rest

Contract Terms II

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. … Read the rest

Contract Terms I

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.… Read the rest