There's a difference between "reassuring words" and an enforceable employment contract.
In a recent decision (Suzanna Joy McDermid v Samsung Electronics Australia Pty Ltd), Commissioner Thatcher accepted that the human resources officer in the matter, "...by his actions and reassuring words caused [Ms McDermond] to believe that she would continue on after 7 November 2008 as an ongoing employee." She didn't.
In finding that an enforceable employment contract did not exist, the Commissioner cited, as had a full bench in an earlier matter, "The Law Of Employment" (4th edition, 1997 by the Hon James Macken, Paul O'Grady and Carolyn Sappideen). Here's their list of elements essential to a contract:
- There must be an ‘intention’ between the parties to create a legal relationship, the terms of which are enforceable.
- There must be an offer by one party and its acceptance by the other.
- The contract must be supported by valuable consideration.
- The parties must be legally capable of making a contract.
- The parties must genuinely consent to the terms of the contract.
- The contract must not be rendered ineffective by reason of conduct which is illegal or contrary to public policy.
This isn't about legal advice. But it is about remembering that even the best intentions do not, necessarily, commit a University.
If you think that a commitment has been made to you, contact the Union to find out if it will be enforceable.
Of course there's some justice in the world:
You are, after all, the person you deserve to be.
—Yllib Ybnad (b. 1948)
