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Contractual terms, not in contract?

  • 12-10-2016 6:20pm
    #1
    Posts: 13,712 ✭✭✭✭


    To what extent is that an oxymoron?

    If A signs a contract with his employer, B, and that contract alludes to a company policy document which extends a benefit to A, can the benefit as set-out in the policy document be legally binding on B?

    e.g., the employer requires A to travel to conferences (and states that the specific requirements are set out in a policy document). The contract says nothing about the requirements to pay expenses, but the policy document does.

    Is it possible for an employer to step-back from this arrangement by simply changing the policy document?

    Believe it or not, that's a hypothetical question. And I'm too old for homework.


Comments

  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    The schedule is as much a part of the contract as the page A signs his X on.

    They are one and the same document, so unilateral changes broadly can't be made to seek to avoid an obligation.


  • Posts: 13,712 ✭✭✭✭ [Deleted User]


    Thanks, but what if I wrote a contract saying "our requirements" are set out in the schedule, but didn't mention the employee's entitlement.

    Would that be a way to extricate an employer from a responsibility in the schedule?


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    To what extent is that an oxymoron?

    If A signs a contract with his employer, B, and that contract alludes to a company policy document which extends a benefit to A, can the benefit as set-out in the policy document be legally binding on B?

    e.g., the employer requires A to travel to conferences (and states that the specific requirements are set out in a policy document). The contract says nothing about the requirements to pay expenses, but the policy document does.

    Is it possible for an employer to step-back from this arrangement by simply changing the policy document?

    Believe it or not, that's a hypothetical question. And I'm too old for homework.
    A contract is a metaphysical document. In general, all of the terms are never set out in writing. There are always some implied terms. Related documents are construed together to give business efficacy.
    Contractual terms can't be changed after the contract is made without agreement, unless the contract itself provides for it.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    Thanks, but what if I wrote a contract saying "our requirements" are set out in the schedule, but didn't mention the employee's entitlement.

    Would that be a way to extricate an employer from a responsibility in the schedule?

    No, the schedule must be read together with the "contract" and, as 4ensic says, contracts as they are written rarely form the whole picture. It doesn't matter if the contract purports to only refer to parts of the schedule that are favourable to the employer, the entire schedule forms part of the written agreement.

    Also, keep in mind the rule contra proferentem.


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