Employment Contract

Question 1

Contract of service

Answer 1

Creates the relationship of employer and and employee between parties.

Question 2

What are the four indications of a contract of service

Answer 2

1. The master’s power of selection of his servant 2. The payment of wages or other remuneration 3. The master’s right to control the method of doing the work 4. The masters right of suspension or dismissal

Question 3

Contract for services

Answer 3

A self employed person is engaged under a contract for services, a self employed person is an independent contractor agreeing-to work or provide services as and when he or she wishes, and enjoys considerable independence from the person who employs him or her. A chauffeur has a contract of service while a taxi driver driver transports passengers under a contract for services

Question 4

Why we must distinguish between contract of service and contract for services

Answer 4

1. Under the principle of vicarious liability, an employer is liable for damages caused by his employees negligent act while the employer is not liable for the acts of his independent contractor 2. The rights and remedies provided under employment legislation such as the employment act chapter 268 of the laws of Zambia are available to an employ but not all of them are available to the self employed

Question 5

What is an oral contract

Answer 5

A contract that is no written can be made orally . The period of contract shall be calculated in reference to when wages are calculated.

Question 6

Can a contract of service be binding on the family of employ?

Answer 6

No

Question 7

Define vicarious liability

Answer 7

This is where the employer is liable to the damages made by an employee while carrying out his work.

Question 8

What is an ultra bites rule

Answer 8

Ultra vires rule states that when an employer is a corporation, there are further difficulties as regards to employers vicarious liability

Question 9

What is an offer?

Answer 9

It is a definite promise to be bound by specific terms

Question 10

What is acceptance

Answer 10

It is the unconditional willingness to be bound by terms of an offer

Question 11

Consideration

Answer 11

Some right, interest, profit, or benefit accruing to one part or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other

Question 12

Intention

Answer 12

Willingness to create legal relations

Question 13

Capacity

Answer 13

Is the ability of a person to enter into a contract

Question 14

Damages

Answer 14

Damages in contract are intended to compensate an injured party for any financial loss sustained as a consequence of another party’s breach. The aim is to put the injured party in a position they would have been if the contract was properly performed

Question 15

Control test

Answer 15

Does the employer control the way in which the employer perform his duties? Used to ascertain whether employer has control over the manner in which the work is done

Question 16

Integration test

Answer 16

If the employer is so skilled that he can not be controlled in the performance of his duties, was he appointed and assigned to his duties the employer - was he integrated into the employers organisation

Question 17

Wrongful dismissal

Answer 17

This is from common law. It is dismissal that is contrary to the terms of employment

Question 18

Unfair dismissal

Answer 18

This is a creation of a statute. No employer shall terminate the services of an employee on grounds of race, sex, marital status, religion, political opinion or affiliation, tribal extraction or social status of employee

Question 19

Summary dismissal

Answer 19

At common law the employer is required to give notice of termination to his employee, however the law has always allowed opinion that in some cases the employee’s conduct justifies dismissal without notice. Also known as instant dismissal.

Question 20

Constructive dismissal

Answer 20

This happens when the employer makes the working envelonment so uncomfortable for the employee that it is impossible for the employee to continue working.