1 2 3 4 5 6 7 8

Indicate the role Define a contract Briefly explain the Briefly explain the Explain the role of Briefly describe Explain “restraint Explain the breach
and importance of of employment elements in the requirements for a section 29 of the the duties of the of trade” and and termination of
a contract of definition valid contract BCEA employee and “vicarious liability” contracts of
employment employer employment
 If legislature has granted
Do we need a contract of
you statutory rights, can
employment, when the
one pursue common law
legislature has given all
rights (from a contract of
rights and protections?
employment)?
 1. Tacit term: unexpressed provision 2. Provision are read into the
derived from the common intention contract because it is assumed that
of the parties and inferred by the the parties would have included it if
court from surrounding they had thought about it at that 3. Test for tacit terms
circumstances stage See CEPPWAWU obo
See Reigate v Union Manufacturing Konstable & others v Safcol [2003]
Co (Ramsbottom)[1918] 1 KB 592 3 BLLR 250 (LC)
at 609

4. Employment contract contain 5. Terms are binding even if the

implied terms which form part of the parties didn’t know of their existence
6. Implied terms can expressly be
contract by operation of law at time of contracting
excluded from the contract
 Contract may not contain
If provisions as in the act
provisions less favourable
aren’t included in the
than those in the act – but
contract, such provisions
the more favourable the
will be read in
provisions
EMPLOYEE EMPLOYER

• Receive employee into service

• Remunerate employee
• Provide safe place of work
• Duty of fair dealing
• Statutory and Contractual duties