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Employment Documents
An employment relationship between an employee and employer arises out of a contract to perform services (ie. Work). This is so whether the contract is in writing or not. The general principles relating to contract law therefore apply to every employment contract.
An employment relationship is recognised as being a relationship of trust, dependence and confidence. This imposes duties at common law on employees such as:
- to follow lawful and reasonable instructions;
- to act in good faith in the course of carrying out his/her employment duties;
- to avoid conflicts between his/her personal interests and the interests of the employer;
- not to improperly use the information and property of his/her employer;
- not to disparage or cause deliberate damage or harm to the employer.
Prudent employers ensure that the terms upon which they employ people are clearly set out in writing in an Employment Contract and that the written document complies with the current law.
