LAW 529 Study Guide - Final Guide: Wrongful Dismissal, Absenteeism
7 Nov 2017
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Document Summary
Oral contracts based on brief conversations are common. Short written contracts are common in employment setting. A judge can imply the obviously intended terms of contract. A judge can imply a contract term when the term is necessary to make the contract effective. Terms can be implied based on presumed intention of parties. How judges use implied terms to shape employment contracts. The judge is cast in the role of a pseudo-legislator. The standards bundle of terms implied in employment contracts ensured a model of subordination. Employers are assumed to have all of the authority. New implied terms since the late 1990s require employees to be treated with decency, civility, respect, and dignity. Implied terms that regulate the conduct of employees ( further read in text ) Implied terms often come before courts in wrongful dismissal lawsuits. Implied terms that regulate the conduct of employers.
