Labour Law – Tutorial 1

November 1st, 2005 | Posted in Law

I can’t believe I had this tutorial this morning, it seems as if I had it ages ago, Monday is my busiest day of the week, I start at 10 and finish at 4 with only one hour break half way through, this is crazy for someone doing Law. I was really tired by 3pm, so I just decided not to go to the last lecture, even though I was right there in front of the door before it started, I gave it a though and decided to go back home.

However, I had a Labour Law tutorial this morning, I wasn’t really prepared well, it is still Ramadhan, or that’s the excuse that I make. The tutorial was about the contract of employment, terms could be incorporated into the contract either expressly or impliedly. Collective Agreements between the employer and a trade union could be incorporated using an express bridging term, or possible by custom, using the official bystander test, or possible on the basis of business efficacy.

Other general terms could be applied the same way collective agreements are incorporated, however, implied terms cannot take over express terms when in conflict.

The topic also involves a collection of implied duties of employees such as cooperation, care and safety, competence, obedience to instruction, fidelity, and confidence.

Hmmm.. clearly I didn’t prepare so well for this tutorial, I can’t remember anything else and I didn’t even write good notes while I studied.

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