Concepts

Question 1

Inequality of bargaining power.

Answer 1

In employment contracts the employer can be seen as the stronger party as the ‘worker’ needs the income.

Question 2

Sham agreements

Answer 2

If A and B agree a contract that includes a third party this is a sham, in this instance C is the victim.

Question 3

Mutuality of obligation

Answer 3

Contracts are bilateral so there must be mutual obligations and duties between partners.

Question 4

Establishing employee status

Answer 4

Control test
Integration test
Economic reality test
Mutuality of obligation test
The multiple test

Question 5

Terms pecking order

Answer 5

Express terms
Implied terms ion law
Implied terms in fact

Question 6

Termination modes other than dismissal

Answer 6

Physically impossible for contract to continue
Frustration of the contract
Expiry of fixed term contract

Question 7

Dismissal by employer

Answer 7

Summary dismissal
Wrongful dismissal
Unfair dismissal
Redundancy

Question 8

Reasons employer can justify dismissal

Answer 8

Capability or qualifications of an employee
Employees conduct
Employee redundant, no longer economic need for them
Employee can no longer work
Some other substantial reason

Question 9

Remedies for unfair dismissal

Answer 9

Reinstatement
Re-engagement
Compensation

Question 10

Redundancy fairness considerations

Answer 10

Give as much warning as possible.
Consult with union.
Objective/fair selection criteria.
Fair application of criteria
Ascertain alternative jobs.