Contract Of Emplotment Flashcards

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1
Q

What does the contract of employment describe?

A

Basis of the employment relationship
It can be written or orally agreed
It is important in the event of disputes (Daniels. 2012)

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2
Q

There is no legal requirement for contract of employment to be written?

A

True

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3
Q

What does the law require where there it no written contract in place?

A

Employer must provide a written statement of terms to employee services

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4
Q

What is the contract formation?

A
Unconditional offer (references)
Unconditional acceptance
Consideration (beliefs/wages)
Intention to create legal relations 
Certainty
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5
Q

Statements should be produced for employees who will be in employment for more than one month. True?

A

Yes

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6
Q

When should a statement be produced?

A

Within two weeks of commencing employment

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7
Q

Sources of contract terms include:

Express terms
Incorporated terms
Implied terms
Statutory terms

A
  1. Agreed amongst employee and employer and is expressed orally and written
  2. Not necessarily discussed eg working times
  3. By common/case law - could be a collective agreement and applies to employee
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