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According to law, a "contract" is, generally speaking, a legally binding bargain between parties, where there has been offer, acceptance and consideration.

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Introduction

The very first step in determining whether a relationship exists in a contract of employment is to determine whether the parties have a contract. According to law, a "contract" is, generally speaking, a legally binding bargain between parties, where there has been offer, acceptance and consideration. There are a number of requirements that have to be fulfilled before it can be said that the parties have a legally binding contract. The main requirements that have to be considered in the case of "employment" are that there must be an intention to enter into a legal relationship; there must be offer, acceptance and consideration. An employment contract outlines the conditions of employment such as wages, hours and the type of work expected to be performed by the new employee. Any item not covered in the original employment contract falls under common-law rights. An employment contract can be entered into both verbally and in written form, where there is no written or verbal agreement between the parties, the Courts will imply certain responsibilities between an employer and employee into the contract of employment. The implied terms of an employment contract will not be implied if the employer and employee have specifically agreed otherwise. ...read more.

Middle

"The Workplace Relations Act 1996 gives casual employees certain rights with respect to termination of employment. If an employer terminates a casual employee, and that employee does not wish to be terminated, the Delegate should report the matter to their Organiser immediately." (http://www.sdansw.asn.au/Favourites/Workplace/termination _of_employment.htm) "A casual employee will be entitled to notice if the casual employee is engaged on a regular and systematic basis for a sequence of periods of employment during a period of at least six months;" (http://www.osiris. gov.u/tml/awards/9/I0295/0/IA000210.htm) and "the casual employee has, or but for a decision by the employer to terminate the employment, would have had, a reasonable expectation of continuing employment with the employer." (http://www.osiris.gov.au/html/ awards/9/I0295/0/IA000210.htm) An employer will not terminate the employee whilst they are on approved leave. There is no formal requirement for entering into an employment contract, it may be verbal or in writing. A letter of offer, an employment handbook, and/or human resources policies may form a written contract. A verbal agreement maybe formed by a discussion between the employer and the employee prior to the start of employment. A contract of employment cannot be involuntarily entered into. The contract in question is fair and balanced for all of the involved parties. ...read more.

Conclusion

* The employee must act in good faith. That is the employee must act honestly and in the best interests of the employer. * The employee must protect the business and property of the employer. * The employee must answer all questions relating to the employment truthfully * The employee must protect the health and safety of his/her fellow employees. * The employee must not accept bribes or secret commissions. * The employee must not use or disclose the confidential information for the employer unless that employer is authorised to do so. * Inventions made by the employee during the course of the employment are the property of the employer. * The employer may summarily dismiss the employee in the event of gross misconduct. * Either party may terminate the employment by giving reasonable notice. Figure 2 (http://www.sdansw.asn.au/Favourites/Workplace/termination_of_employment.htm) Employee's period of continuous service with the employer Period of notice More than 1 year At least 1 week More than 1 year but not more than 3 years At least 2 weeks More than 3 years but not more than 5 years At least 3 weeks More than 5 years At least 4 weeks The amount of notice shall be increased by one week if the employee: * Is over 45 years old, and; * Has completed at least two years of continuous service with the employer. ...read more.

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