Contracts of Employment – General Principles
- With limited exceptions, an employment contract is subject to the general principles and rules of construction of ordinary contract law.
- There are a variety of sources of contractual terms in an employment contract, including express terms, implied terms, terms imposed by statute and terms incorporated from collective agreements, staff handbooks and policies.
- While express terms take precedence over implied terms, express terms may be subject to implied terms in certain circumstances.
- Contract terms may not be enforceable for reasons such as breach of statutory provision, restraint of trade, constituting a penalty or illegality