Employment contracts; implied terms

The legal essence of an employment relationship is a contract of employment. The terms of it are to be found in what has been agreed (the express terms), what may be incorporated into it by the common law or legislation and thirdly what might be incorporated by implication (the implied terms). Implied terms can be excluded or amended by an express term or terms to that effect.

Common implied terms recognized by the courts include

*a duty upon both the employer and employee to provide reasonable notice of termination

*a duty upon employees to comply with lawful and reasonable instructions

*a duty upon employees to co-operate

* a duty upon employees to provide personal service (which means not contracting them out)

*a duty upon employers to provide a  safe system of work