ABSTRACT
Although general questions on the different sources of terms do come up, more often, a question will be set on one or two of the sources and will require an answer as to whether a term from a particular source has become part of the individual’s contract of employment. This means that a detailed discussion of all the sources is unnecessary. To answer a specific question on this area, students need to be familiar with:
v interpretation of express terms and the process of variation; v express and implied incorporation of collective agreements; v the process of incorporation of other documents; v the relationship between the statutory statement and contractual terms; v the effect of a custom on the contract; and v the judicial process of implication of terms.
