Usyd Claw1001 Paper

Topics: Contract, Termination of employment, Employment Pages: 4 (1128 words) Published: February 2, 2013
1. Introduction
2. Relevant Facts and Relevant Issues
3. Ratio/Rationes
4. Evaluate Court’s decision
5. Reach a conclusion

The area of law to be discussed would be implied 'terms of a contract which are not agreed by the parties.' They are terms which are related to 'contingencies which might affect the contract of employment in this case.' This is what 'parties intended but left unwritten in the gap of a contract.' There are five conditions by which a contract would be satisfied before a term would be implied. They are 'reasonable and equitable, necessary to give business efficacy so no term will be implied if contract is effective without it, obvious, clear expression and not contradict any express term of the contract.' The analysis would address the viability of imported terms, implied terms, crystallised customs and the decisions of various cases. Relevant Facts and Relevant Issues

'Appellants were employed by the respondent as baggage handler at Sydney Airport, they were dismissed from their employment' for stealing funds. 'Appellants sought an order for imposition of penalty and payment of penalty to them.' Trial judge found out respondents in 'terminating the appellants’ employment was not harsh, unjust or unreasonable and dismissed the claims.' 'The Full Court held that it was contrary however appellants were still not entitled to damages for breach of contract.'

There are three arguments in total. It was argued first that 'C11(a) became a term of the contract of employment because provision was imported into the contract by the force of award independent of intention of parties.' Another argument was it was an implied term of agreement between parties. It was also argued c11(a) consists of “crystallised custom” of industry which parties were engaged and became the term of contract. Even if c11(a) did not become...
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