NANYANG TECHNOLOGICAL UNIVERSITY

Nanyang Business School

BH3301 – Employment Law

Seminar 3 – The Agreement, Enforceability & Capacity

1. Adam, a partner of an LLP, meets Ben, unemployed, at a local Conference.

Impressed with a paper Ben presents, Adam desires to employ Ben. After
negotiating the salary and basic terms, Adam says to Ben, “We could do with
someone like you! If you are keen to work for us, see you tomorrow at 8 am in
my office!” The next day, Ben shows up for work at the appointed time but
Adam turns him away since he already hired someone else shortly after his
chat with Ben.

Advise Ben whether he has a contract of employment with Adam.

2. Dave has just celebrated his 14th birthday. He has a herculean physique and is
physically very strong and able. No wonder many of Dave’s friends mistake
him for someone in his mid-twenties. Eric, the managing director of a family-
run company specialising in home renovation works, is keen to engage an
able-bodied worker to load and unload construction materials and equipment.
Believing Dave to be an adult, Eric employs him but discovers later that Dave
is the son of his long-lost brother. Unfortunately, Dave is seriously injured by
a boulder that he was unloading from a lorry. MOM has threatened to take
Eric to court for serious infringements of the law in engaging a minor to
perform an industrial undertaking.

Advise Eric whether he has broken any laws in employing Dave.

3. Fred turns 18 and sets up a Photographic Studio, employing teenage girls and
boys to pose for him as models. Greta, who just celebrated her 15 th birthday,
dreams of seeing herself on the front cover of a glitzy fashion magazine. The
pay is extremely attractive and Fred even promises Greta a scholarship to
study in an Arts College in Singapore. After signing the contract, Greta
regrets her decision because the agreement requires her to wear revealing
clothes and pose in compromising positions. Her parents flatly refuse to allow
her to have anything to do with Fred. She now worries that Fred will bring her
to court for refusing to honour her side of the bargain.

Advise Greta whether she can get out of her imprudent contract with Fred.

4. Hazel is a bright but somewhat impetuous graduate. She applies for a job with
the Monetary Authority of Singapore and, during the interview, the Selection
Panel are so impressed with her that they verbally offer her a job on the spot,
requiring her to start work on the first day of next month. Hazel is so happy
that she immediately accepts MAS’s offer. MAS says that they will send her a
letter soon to formalise her appointment in writing. The next day, Hazel
attends an interview with a reputable bank. The bank needs her to start work
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 immediately and offers her twice as much salary. Hazel hastily accepts the job.
When MAS learns about this, they instruct their lawyers to sue Hazel for
breach of contract and insist that she reports for work on the first day of next
month, as earlier agreed.

Advise Hazel whether she is bound to work for MAS and, if not, whether she
is liable to MAS in damages.

5. John, manager of a large advertising company, offers Jill, a final year business
student in a foreign university, a job to start in a year’s time on the condition
that she secures a first class degree, and that her personal tutor gives her a
‘satisfactory academic reference’. Jill graduates with a first class degree. But,
her personal tutor, who bears a personal grudge against her, is less generous
with his report and describes her as ‘scheming and unethical’. All this is
untrue. When John reads the damaging report, he immediately withdraws his
offer to employ Jill.

Advise Jill on her legal options.

© Assoc Prof Dennis Ong

Jan 2020