Employment: Reading Between the Lines: Implied terms in individual employment contracts.

• Date: 01 November 2019
• Author: Bowal, Peter

Employment Reading Between the Lines: Implied terms in individual employment contracts

Peter Bowal and Christina Tang

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In Canada, every non-unionized employee has a contractual relationship with their employer. What does that contract look like?

Employment contracts may be written or oral, or both. When you sign and return a letter offering you a job, the terms of the letter are the written elements of the contract. That letter usually "incorporates by reference" employer manuals and policies into the contract.

Other people are hired--and agree to terms--on the telephone or orally in an in-person interview. You can agree to your job title and responsibilities, rate of pay, benefits, supervision and starting date in a conversation with your employer.

Characteristic of written and oral employment terms is that these matters are expressed. These terms are identified, highlighted and communicated. The attention of both parties is specifically drawn to them.

As it turns out, there are many things the parties do not express, or even think about. Still, the law will imply these unspoken and unwritten terms into an employment contract. These...