Employment Contracts

3. Other Contractual Terms

Every contract includes implied terms, whether they are written down or not (see 3.1 and 3.2). In addition, no contract can override certain statutory rights (see 3.3). Employers have a duty in some cases to provide employees with proper information concerning their rights.

3.1 Employers must:

• Provide a secure, safe and healthy working environment which includes providing safe working methods and appropriate health and safety training.
• Not take any action which may undermine the relationship of 'trust and confidence' with their employees.
• Ensure that an employee's grievances will be promptly and properly dealt with.

3.2 Employees must:

• Serve the employer honestly and faithfully.
• Not compete with the employer's business.
• Not divulge confidential information (see 5.7).
• Obey reasonable and lawful instructions.
• Work with due diligence and skill and take reasonable care of the employer's property.

3.3 Employees' statutory rights include:

• A minimum period of notice.
• Rights under anti-discrimination laws.
• The right to be, or not to be, a member of any particular trade union.
• Rights under legislation relating to working time and pay.Contractual terms which attempt to override these rights may be void and unenforceable.