Employment Practice

Key points §   At common law, a contract of employment is said to have been frustrated when one of the parties, usually the employee, is unable to comply with his contractual obligations – either through death, a prolonged or permanent illness or disability, or a sentence of imprisonment. The winding-up of a company, the appointment of a receiver, or the dissolution of a partnership will result in most, but not all, cases in the automatic termination of the contracts of employment of the relevant employees. In theory at least, the employer is under no obligation to terminate the contract formally or give notice to such an employee that he is no longer employed. In practice, the prudent employer will be a little more cautious before treating a contract of employment as no longer subsisting. §   In the case of a prolonged illness, a contract cannot be frustrated so long as the employee has not exhausted his (or her) right to paid sick leave under the terms of that contract. Once...

Key points §   A person enters into a contract of employment (or contract of service) with an employer when he (or she) agrees to undertake specified duties (and assume specified responsibilities) in return for an agreed wage or salary. The two essential features of a contract of employment are control and mutuality of obligation. There is 'control' when an employer tells the employee what to do, when to do it and how it is to be done (or, in the case of a highly-qualified and skilled employee, the manner in which it is to be done). But the most important ingredient is 'mutuality of obligation'. §   As a rule of thumb, there is 'mutuality of obligation' a.      when an employer undertakes to provide a person with work on specified days of the week, for a specified number of hours, and for a specified or indefinite period; and b.     the person in question accepts the employer's offer of employment and undertakes to carry out that work with du...

A. Safety Rights An employee is entitled: to a workplace that is both physically safe and with protection against discrimination, harassment, bullying etc.; to be medically suspended on pay (for a maximum of 26 weeks - and not to be unfairly dismissed in this period) for a condition specified in ERA section (64)(3); to be suspended on pay if, when pregnant, the normal place of work poses a risk to her and/or her unborn child, and no suitable alternative work can be found; not to be forced to work more than 48 hours a week (averaged over a 17 week period); a right that can be waived by an employee by signing an individual 'opt out'; and to be consulted regarding matters affecting their safety. B. Contract Rights An employee is entitled to: a statement of terms of employment within 8 weeks of joining; an itemised pay statement; one week's notice of termination of contract for every year's service up to a maximum of 12 weeks (unless the contract grants greater rights); be ...