1 / 7

Contract of Employment (contract of services)

Contract of Employment (contract of services). What is it?. A common law contract Employer pays $$ - employee carries out work An award sets minimum pay and conditions Three elements of a common law contract And intention by the parties to be bound by the contract

etan
Download Presentation

Contract of Employment (contract of services)

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Contract of Employment(contract of services)

  2. What is it? • A common law contract • Employer pays $$ - employee carries out work • An award sets minimum pay and conditions Three elements of a common law contract • And intention by the parties to be bound by the contract • An agreement to by both parties as to the terms of employment • Some consideration (money), acts or promises provided by both parties Note: both parties must have capacity to enter into contract

  3. Duties of Employers • Duty to pay reasonable wages • Duty to provide work • Duty to repay employees for expenses (indemnify) • Duty to provide a safe system of work • Duty of Vicarious Liability - the employer is held liable for the acts and omissions of their employees.

  4. Duties of Employees • Duty to obey lawful commands • Duty to exercise reasonable care and skill • Duty of confidence • Duty of fidelity

  5. Remedies of employers against employees in breach of contract Dismissal Suspension Damages Injunction Prosecution for criminal acts Dismissal: fired. Suspension: denied access to workplace for predetermined period (unpaid). Damages: court order may require employee to pay compensation for damages caused. Injunction: a court order requiring an employee to refrain from doing something. Prosecution: employer notifies the police of criminal activities.

  6. Case Law – Vicarious Liability Cassidy v. The Minister (1951) 1 All ER 547 • Cassidy admitted to hospital • Hospital botched operation • An investigation could not determine the individual who acted negligently • Cassidy argued that the hospital was vicariously liable for the actions of its employees • Court agreed; Cassidy awarded damages.

  7. Case Law – Fidelity of Employees Herbert Morris Ltd v. Saxelby (1916) 1 AC 689 [House of Lords] • Employment forbade Saxelby from working the same trade after being dismissed from his former position. • Saxelby pursued a job in the same trade in France. • Herbert Morris pursued legal action arguing Saxelby breached contract. • Saxelby argued restriction went beyond what was needed to protect Morris’s business. • Lord Atkinson found that the clause of the contract acted as a restraint upon trade and was there for unenforceable.

More Related