| 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. |
