1. There was a contractual term dealing with summary dismissal for gross misconduct. 2. Sometimes a contractual term lies in a grey area between the two. 3. The nature of the breach determined the nature of the contractual term. 4. For present purposes, natural justice is therefore treated as an implied contractual term rather than a floating, self-contained principle. 5. A prudent employer will always have an express contractual term protecting business secrets. 6. The question of whether a statement made during the course of negotiations remains a mere representation or becomes a contractual term, turns on the intention of the parties. 7. And then there are the MACs and other contractual terms that could allow possible exits to one or both parties under certain circumstances. 8. Our international obligations do not require us to enforce a contractual term that was not freely negotiated by the parties. |
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