Contract rules and Employment Law (1 Viewer)

[absolution*]

Help out a poor first-yearer wont ya?

How are the rules of contract law applied differently to employment contracts.

Someone help, please! Sources, articles, etc. Ill make it worth your while!

 

[Wolfowitz]

Come on.
Law rep to the best respondant.

 

[Baiku]

I'm just another first year too...

But I don't understand that employment contracts go beyond contract law. In fact with Howard's changes (individually negotiated contracts) - employment contracts will be moving back towards the classical contract theory idea (that two parties are free to contract as they please as competent people responsible for their own agreements).

The biggest difference it seems to me is that there is ADDITIONAL legislation that governs employment relations, and that any employment contract must be within that framework - minimum wages, award conditions, etc.

So far what I have learnt in contract law focuses mostly on case-law whereas a lot of employment relations will be specifically governed by some form of legislation...

Sorry if that doesn't help but it's somewhere to start...or if you have something specific I could look into it.

Have fun.

 

[absolution*]

Yeah id kinda already discussed those things. Any others?

 

[what971]

I will be hovering over this thread as well (waiting for help), as I am also confuzzled by Giuseppe's essay task.

 

[Soma]

There are implied terms in employment contracts that the employer will provide a safe system of work and that the employee will take care in their work.

 

[katiewislon]

That's a nice post. Thank you for sharing. I came to know that some websites have professional, experienced legal team with countless success stories and can provide a range of services to your business. Understanding the intricacies of employment law is crucial to working in a modern employment environment. Knowing the rights and responsibilities is essential, and having access to a professional legal team is often more important.

 

[hfis]

They're enforced differently - you can't push a dispute about an employment contract through the courts, you need to take it to the Industrial Relations Commission, mediation or whatever other quasi-judicial body they have overseeing it these days. Only when the Tribunal is unable to solve the dispute or there's an additional dispute about the law can it proceed to the judicial system.

Other than that it's the same as contract law, except there's a boatload of terms implied by statute and a whole raft of cases concerning specific things in employment contracts. There are also certain prohibitions that relate to certain contracts (such as minimum wage, etc) but those fall under the umbrella of implied terms. Awards, etc, are in a whole other ballpark and I'd direct you to your nearest employment law subject if you wanted to know more.

 

[= Jennifer =]

did you go through the difference between contract for services and contract of services?

 

[hfis]

In tedious detail. I'd rather forget it to be honest.