ABSTRACT
This chapter looks at the terms which the common law implies into employment contracts. They differ from 'ordinary' implied terms in that they apply to all employment contracts and form part of the contract irrespective of the actual or presumed intention of the parties. Implied duties are imposed during the currency of a contract and limit the way in which either side exercises its rights. Although there is no duty on the employer to provide work, his duty to pay the employee is fundamental to the bargain. The employee makes himself available to provide the employer with personal services, and the employer pays him accordingly. The employee should only accept rewards from his employer, and is under an implied duty not to accept payment from another source, even if the payment does not influence him in the performance of his duties.
