Securing the protection of an employee by implying terms in an employment contract
Sumaili, Wanga S.
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This dissertation considers the role that implying terms in an employment contract has in helping to secure the rights of an employee who is, compared to the employer, at a lower bargaining power. In approaching this subject matter of the research, the essay starts by looking at the position under common law and furthermore, the domestic laws that have been put in place in order to provide for terms that may not be expressly stated in the employees employment contract but are still binding to both parties by law. It also considers how the incorporation of collective agreements that have been made by the employer and the employee's union, can curtail this high bargaining power of the employer. The dissertation through research and interviews found that, Common law, domestic statutes and collective agreements do, to a large extent, help in securing the rights of an employee but despite these efforts, the employer is always and will always be at a higher bargaining power than the employee. According to the findings of the research, lack of knowledge of the rights that an employee has by virtue of being in employment has caused the employer to perpetually take advantage of the employee. As such, this essay recommends, amongst other things, that the Ministry of Labour and Information should ensure that they carry out sensitization programmes country wide to help educate employees on their rights.
- Law