Podcast
Questions and Answers
Which of the following is NOT typically included in a basic written employment contract?
Which of the following is NOT typically included in a basic written employment contract?
What is a potential issue that can affect the enforceability and interpretation of a written employment contract?
What is a potential issue that can affect the enforceability and interpretation of a written employment contract?
What is the typical exchange of consideration in an employment contract?
What is the typical exchange of consideration in an employment contract?
Which type of employment relationship is most likely to require a more formal written contract?
Which type of employment relationship is most likely to require a more formal written contract?
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Why should employers avoid using a standard form contract for all employees?
Why should employers avoid using a standard form contract for all employees?
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What is the minimum written termination notice an employer must provide for an employee who has been employed for more than 90 days but less than 2 years?
What is the minimum written termination notice an employer must provide for an employee who has been employed for more than 90 days but less than 2 years?
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What principle dictates that ambiguous terms in a contract must be interpreted against the drafter of the contract?
What principle dictates that ambiguous terms in a contract must be interpreted against the drafter of the contract?
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What happens to contract terms that do not meet minimum statutory employment standards?
What happens to contract terms that do not meet minimum statutory employment standards?
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Why must employment contracts avoid using ambiguous terms?
Why must employment contracts avoid using ambiguous terms?
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If an employee has been employed for 2 years, what is the minimum notice period they should receive upon termination?
If an employee has been employed for 2 years, what is the minimum notice period they should receive upon termination?
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What could happen if an employee starts working before their employment contract is finalized?
What could happen if an employee starts working before their employment contract is finalized?
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What should an employer do to avoid an employment contract being found unenforceable due to lack of consideration?
What should an employer do to avoid an employment contract being found unenforceable due to lack of consideration?
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What is one reason an employee might challenge a written employment contract?
What is one reason an employee might challenge a written employment contract?
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Which of the following best describes 'obsolescence' in relation to an employment contract?
Which of the following best describes 'obsolescence' in relation to an employment contract?
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What should an employer provide when changing an employee's duties during the employment term?
What should an employer provide when changing an employee's duties during the employment term?
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Which action can minimize challenges to employment contracts based on lack of understanding?
Which action can minimize challenges to employment contracts based on lack of understanding?
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What is a challenge based on failing to meet minimum statutory standards?
What is a challenge based on failing to meet minimum statutory standards?
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How can an employer prevent an obsolescence challenge in an employment contract?
How can an employer prevent an obsolescence challenge in an employment contract?
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What is generally required from an employer under the duty of good faith?
What is generally required from an employer under the duty of good faith?
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Which duty is specifically imposed on employees towards their employer?
Which duty is specifically imposed on employees towards their employer?
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What is a key aspect of the employer's duty to provide a safe working environment?
What is a key aspect of the employer's duty to provide a safe working environment?
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What consequence may occur if an employee discloses confidential information without consent?
What consequence may occur if an employee discloses confidential information without consent?
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Which of the following reflects the employee's duty of confidentiality?
Which of the following reflects the employee's duty of confidentiality?
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What amendment was made to the OHS act in 2018 regarding workplace safety?
What amendment was made to the OHS act in 2018 regarding workplace safety?
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Which best describes the mutual duty of good faith that applies in an employment relationship?
Which best describes the mutual duty of good faith that applies in an employment relationship?
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What do OHS regulations generally require of employers?
What do OHS regulations generally require of employers?
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What are the three essential criteria for a contract to be enforceable?
What are the three essential criteria for a contract to be enforceable?
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In the context of an employment contract, what constitutes the consideration from the employee?
In the context of an employment contract, what constitutes the consideration from the employee?
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Why is it advantageous to put an employment contract in writing?
Why is it advantageous to put an employment contract in writing?
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Which of the following statements regarding oral employment contracts is TRUE?
Which of the following statements regarding oral employment contracts is TRUE?
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What are implied terms in an employment contract?
What are implied terms in an employment contract?
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Which of the following is an example of an implied term in an employment contract?
Which of the following is an example of an implied term in an employment contract?
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Why are employment contracts generally relatively short?
Why are employment contracts generally relatively short?
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What is the primary reason for the existence of implied terms in employment contracts?
What is the primary reason for the existence of implied terms in employment contracts?
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Study Notes
Employment Contracts
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Essential Elements: A contract needs an offer, acceptance, and consideration. In employment, the employer offers a job, the employee accepts, and consideration is wages for work.
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Written Contracts Advantages: Written contracts reduce misunderstandings, address potential issues, and decrease uncertainty. They are enforceable even without being in writing (handshake deal).
Implied Terms
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Default Rules: Implied terms are assumed parts of employment contracts, even if not written. These are fair and reasonable expectations.
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Mutual Duty of Good Faith: Employers and employees must act reasonably, honestly, and transparently.
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Safe Working Environment: Employers are legally obligated to provide a safe physical and emotional workplace, following applicable regulations.
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Confidentiality: Employees owe a duty to protect confidential employer information, even after leaving the job. Confidential information remains confidential.
Written Employment Contracts
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Structure: Simple contracts (letter offering a job) are suitable for most jobs. More complex positions need more detailed contracts.
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Customization: Contracts should address individual concerns and avoid one-size-fits-all approaches.
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Enforceability & Interpretation: Potential contract challenges include lack of consideration (especially if work starts before the contract is complete, or employer changes duties) and inequality of bargaining power. Obsolescence: outdated terms challenge validity.
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Minimum Statutory Standards: If terms in a contract do not meet minimum legal standards, the court may invalidate them.
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Ambiguity: The "contra preferentum" rule interprets unclear terms in favor of the employee (since employers usually draft employment contracts). Clear language is optimal.
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