| Commentary

(5) Effect of statement

| Commentary

(5)     Effect of statement

Despite the fact that the worker often refers to his or her statutory statement as their 'contract', the written particulars provided under ERA 1996 s 1 do not constitute the contract of employment. They amount to evidence of the contract, even strong evidence, but not necessarily conclusive evidence thereof (Parkes Classic Confectionary v Ashcroft (1973) 8 ITR 43, Div Ct; Turriff Construction v Bryant (1987) 2 ITR 292; Robertson and Jackson v British Gas Corpn [1983] IRLR 302, [1983] ICR 351, CA). This was

To continue reading
Analyse the law and clarify obscure passages all within a practical context.