LABRST 3C03 Lecture Notes - Lecture 5: Wrongful Dismissal, Absenteeism, Quasi-Contract

• School: McMaster University
• Department: Labour Studies
• Course: LABRST 3C03
• Professor: John Barkans

Document Summary

Policy of uniform having to be gender neutral is up to adjudicators. Determining the terms of a contract of employment. Di erent types express, ancillary, implied and statutory: issue for courts: people having no written contracts or a contract that is very poorly drafted. Remember if an employee is covered by a collective agreement, the common law of contract does not applydetermining the terms of a contract of employment. Contract terms arise from 3 sources: expressed contract terms. Can also be agreed orally: ancillary contract terms. Read into contracts by judges based on situation. Ambiguous contracts can give rise to disagreements. Ambiguous if there are multiple feasible interpretations. A judge must interpret contract by looking only at the clear words. Assume that parties intended what they clearly wrote down (parole evidence rule) Evidence will be heard at trial to argue intent for an ambiguous contract.