IRE430H1 Lecture Notes - Lecture 4: Contra Proferentem, Absenteeism, Canadian Imperial Bank Of Commerce
22 May 2020
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Ire430 lecture 4: the nature and content of an employment contract. There are expressed and inferred terms within contracts. Contra proferentem is a rule of construction created by the courts that interpret whether or not an expressed term is applicable and how it is applied. Whoever writes contract has responsibility to do it in a way that is clear and unambiguous. However, if employer doesn"t write contract down the middle or make it clear with intentions, then they"ll allow the employee to take the bigger interpretation of what that contractual term means. Essentially a way the courts are giving bargaining power back to the party who doesn"t get to write the contract. Bower imbalance between employer and employee, usually when we take a job we have to just sign off on the employer"s rules because you don"t have the negotiating power at the beginning of the relationship. This is how the courts restore that power.
