Employment contracts: Part 2 – Terms and clauses

All Topics

• Unjust restitution
  The right of unjust restitution is available if you give an employee a benefit under the mistaken belief that the contract required it.
  Dec 06, 2020

• How will courts and tribunals resolve a dispute about what an express term means?
  Courts and tribunals will consider a number of things when determining the meaning of an express term.
  Dec 06, 2020

• How legislation can limit a clause’s application
  Legislation can limit the application of some clauses within employment contracts.
  Dec 06, 2020

• Terms of an employment contract
  Contract terms create legally binding obligations on one or both parties to the contract.
  Dec 06, 2020

• Terms implied by law
  Terms implied by law are terms that courts and tribunals consider necessary for the employment relationship to operate.
  Dec 06, 2020

• Implied duty to cooperate
  Both you and your employees must do what is reasonable and necessary to fulfil the agreed terms of the employment contract.
  Dec 06, 2020

• Clauses in an employment contract
  A clause is a written contractual provision that records the rights and obligations associated with an express term.
  Dec 06, 2020

• Essential terms
  There are a number of terms that you must include in your employment contracts.
  Dec 06, 2020

• Advisable terms and clauses
  There are three types of terms that it's advisable to include in your employment contracts.
  Dec 06, 2020

• Optional terms and clauses
  There are a number of terms and clauses that are optional in an employment contract.
  Dec 06, 2020

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