You will prepare and submit a term paper on Analysis of Employment Contract in Sport Inc. Your paper should be a minimum of 2750 words in length. Although Ian and Alf did not sign the written statement of employment, it is to be construed that they had accepted the terms of the employment contract. This conclusion can be drawn because they had commenced working in that company. Since the company handbook had specified that grievance procedure could not be invoked by probationers. Alf cannot resort to these procedures. Since Ian is a member of the trade union. he has to accept the 8-hour shift that had been negotiated by the trade union.
In all employment contracts, mutual trust and confidence are implied terms. Employers should not behave in a manner that is detrimental to the relationship of mutual trust and confidence. This implied term should not be infringed by any employer wilfully and its breach constitutes a fundamental breach of the contract. Many employers assume that the serving of reasonable notice to their employees would be sufficient for making changes to the existing terms of the employment agreements. It is very important to note that changing the contractual terms unilaterally, in the absence of the employee’s acceptance, renders the employment contract null and void. As such, this constitutes a breach of the contract between the employer and the employee. If this breach is of sufficient gravity, the employee is empowered to resign from the employment and initiate legal action against the employer on grounds of unfair dismissal. If the employer had made major changes to the existing contractual terms, then the employee can contend that the original terms of the employment contract were no longer in force. Therefore, unilateral changes to employment contracts pose great risks to the employer as he cannot circumvent the statutory principles of unfair dismissal1.
In Woods v WM Service, it was held that employers are prohibited from causing serious damage to the relationship of trust between the employer and employee, without just cause. There are several practices that could cause damage to this relationship. Such practices may include the unilateral modification of the nature of the .employment or the unilateral change made to the status of the employee, without proper reason. .
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