Disciplinary Hearings
3. Employment Contract Terms
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Jul 2015
- It is important to understand where employers get the right to take disciplinary action against an employee.
- Employment contracts can be made either orally or in writing.
- In either event many contracts do not contain all the terms of the contract.
- It is important to understand that sometimes a term may be implied in a contract as either:
- an implication of fact; or
- an implication of law arising by the existence of an employment relationship.
- Implied terms in a contract include:
- mutual duties owed by employer and employee to each other such as:
- a duty to work and a duty to pay salary;
- a duty of good faith;
- a duty of trust and confidence; and
- fiduciary (special relationship) duties.
- The employer owes the following implied duties to an employee:
- a duty of care to provide a safe system of work;
- to provide work;
- to indemnify (repay) an employee’s expenses;
- to provide medical assistance when necessary;
- to provide a reference; and
- to insure and indemnify (cover) employees from claims made against them for actions reasonable done in the course of their employment which cause injury or loss to another.
- The employee owes the following implied duties to an employer:
- a duty of obedience and lawful cooperation; and
- a duty to use reasonable care and skill.
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