Chapter

The Implied Terms of the Personal Employment Contract

David Cabrelli

in Employment Law in Context

Second edition

Published on behalf of Oxford University Press

Published in print June 2016 | ISBN: 9780198748335
Published online September 2016 | e-ISBN: 9780191810992 | DOI: http://dx.doi.org/10.1093/he/9780198748335.003.0006
The Implied Terms of the Personal Employment Contract

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This chapter first discusses the role played by implied terms of the employment contract. It then turns to the implied terms which impose obligations on the employer. These include the duty to provide work, pay wages, exercise reasonable care for the physical and psychiatric well-being of the employee; the duty of implied term of mutual trust and confidence; and the discretionary benefit implied term and anti-avoidance implied term. The final section covers the implied terms imposing duties on employees. These include the duty to work and obey instructions and orders; duty to adapt, exercise care, and co-operate; duty of mutual trust and confidence; and duty of loyalty, fidelity, and confidence.

Keywords: employment contract; employment law; contract terms; implied terms in law; imposition of duties on employers and employees

Chapter.  38524 words.  Illustrated.

Subjects: Employment and Labour Law

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