A contract, a term or the performance of a contract or term may be illegal on one of three broad grounds. First, it may be contrary to public policy. Second, it may be expressly or impliedly prohibited...
One of the requirements for the creation of a valid contract of employment is that “valuable consideration” moves between the parties, and that the terms of the purported contract are sufficiently...
For a contract of employment to come into existence, it is essential that the potential employer makes what the common law recognises as an “offer” to enter into legal relations, and that that...
The existence of a mutual intention to create legal relations is an essential precondition of the existence of a contract of employment (or any other kind of contract, including a principal/contractor...
Parties wishing to enter into a contract of employment must have the legal capacity to do so. There is a common law presumption that a person has the capacity to enter into a contract. Issues concerning...
The employment contract may be varied at any time by mutual agreement between the parties. Generally speaking, parties cannot unilaterally vary the employment contract unless the original contract of employment...
Most employers have written policies and procedures to govern aspects of the employment relationship with their employees. Commonly, such policies set out the employer’s expectations and requirements in relation to employee behaviour and responsibilities, and processes for dealing with matters like discipline and termination of employment. Many companies also produce policies dealing with employee entitlements in relation to issues such as redundancy pay or productivity bonuses. Some employers collate all their written policies or procedures into one document, which might take the form of a “Workplace Manual” or “HR Manual”.
Authored by Heidi Roberts, Partner, and Alannah Hogan, Lawyer, Corrs Chambers Westgarth. Updated by the LexisNexis Legal Writer team.
While some policies may be dictated by law, such as in the case for workplace health and safety, most are adopted by organisations in a bid to standardise and ensure more effective management processes.
If the parties wish a policy to form a term of the employment contract, this can be expressly provided for in a written contract or agreement. The effect of incorporating a policy into a contract is that the employer and employee will be considered to be bound by its terms.
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