Background
contract - central to Er-Ee relationship
(offer, acceptance, consideration) negotiated/agreed
plus common law/statutory regulation
socio-econ. exchange - open-ended unlike commercial contracts
job contracts & managerial power/authority
an equal balance in service relationship?
subordination to reasonable & legitimate authority
employer determines organisation of work and standards (reasonable)
delivery of performance, motivation + loyalty, commitment
common law duties of employer & employee
Express and implied terms (general obligations)
express or implied, verbal or in writing
“usually concluded orally by people who rarely think out still more rarely express, any terms” 1940
subject to statutory regulation
Changes to the Contract?
mutual consent?
within scope of effort-reward relationship?
within employer’s (reasonable) operational discretion?
Vicarious liability & Negligence
employer liable for negligent/wrongful acts & omissions of employee in course of employment.
