Contracts of employment

Topic Index
How the contract is recorded
Express terms
Implied terms
Incorporated terms
Other contract terms



  • A contract of employment will exist from the moment an unconditional job offer is made and accepted.
  • It does not matter that the employee has no written contract; contracts can be oral or written and are often a mixture of both.
  • The employee also need not have started work in order for there to be a contract of employment.
  • A contract of employment is created in the same way as any other contract. There are 3 essential elements: an unconditional offer of employment; acceptance by the successful applicant; and consideration (the remuneration paid to the employee in exchange for their work). The parties must intend to enter into the contract and its terms must be sufficiently certain.
  • In cases of disputed terms, or where a contract does not deal with a disputed matter, the relevant provision may be implied into the contract....
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