In our recent newsletter, we addressed the key terms of an
employment contract, which are made up of both Express terms (those
written in the document), and Implied Terms (which are both implied
by law, and implied by fact).
This month, we address some other situations where terms may be
incorporated into the contract, such as other relevant extrinsic
documents or representations by parties. The most common examples
in the employment context, has been the incorporation of industrial
instruments or workplace policies into the contract of
employment.
The general common law principles that apply to incorporation of
terms are centuries old. There are three primary requirements:
The parties must be on notice of the terms prior or during the
period in which agreement to the contract is reached;
