Contracts of Employment – General Principles

Key Points

  • 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

     

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