LAWS 3401 Lecture Notes - Lecture 3: Absenteeism, Job Satisfaction, Bc Tel
Document Summary
Common law obligations to employees and employers under contract of employment. Implied terms: terms, depending on the judge, might be implied as standardized body of rights that are common or intentions of the party. Include: basic pay, basic hours of work and vacations. With exception of diff types of jobs: summarize job essentially* When you negotiate a contract, you cant foresee ins/outs of a job. Courts filled gap with implied terms*: when you have expressed terms, courts try to force them as is. If they are ambiguous, you try to get evidence based on what takes place in work place (what is policy, what happened to other people in similar situations) Contra preferema: can be bad for drafter. Broad meaning of this covenant: could preclude former employee from competing in anyway with old job: cou(cid:396)ts do(cid:374)"t usuall(cid:455) a(cid:272)(cid:272)ept these ki(cid:374)ds of (cid:272)o(cid:448)e(cid:374)a(cid:374)ts. E(cid:373)plo(cid:455)e(cid:396) should i(cid:374)(cid:272)lude (cid:396)est(cid:396)i(cid:272)ti(cid:448)e (cid:272)o(cid:448)e(cid:374)a(cid:374)ts i(cid:374) spe(cid:272)ifi(cid:272) te(cid:396)(cid:373).
