Question
a)Explain what an Implied Term is. How does one determine if a particular implied term exists? Describe Implied Terms' relationship with Express Terms (4 marks)
a)Explain what an Implied Term is. How does one determine if a particular implied term exists? Describe Implied Terms' relationship with Express Terms (4 marks)
b)If the Implied Term of the Employee's Duty to not be absent from work is breached (i.e. if the employee is absent from work without permission), can the employee always be dismissed for cause? What is dismissal for cause? Is there a test to determine when dismissal for cause is justified? What other steps can an employer take short of dismissal for cause? (8 marks)
c)What is Frustration of contract? What is the consequence of Frustration being found to exist by a court? How is a Frustration argument affected by the employee's absence from work being due to illness or disability? (5 marks)
d)How does Common Law Frustration intersect with the Human Rights Code concept of 'Duty to Accommodate'? (3 marks)
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started