Equity - Rectification - Whether employment agreement should be rectified to reflect common intention of parties - Whether parties had common intention that retirement benefit should be payable on termination of employment by employer within five years of commencement - Turns on own facts
Contract - Breach of contract - Employment contract - Construction of term providing for retirement benefit - Whether proper construction required five years' service before benefit payable - Turns on own facts
Misleading and deceptive conduct - Trade Practices Act 1974 (Cth) s52 - Whether representation in fact made - Whether representations made in the course of negotiations for an employment contract are made 'in trade or commerce' - Meaning of 'in trade or commerce'
Case Details
Citation[2016] WASC 240
CourtWASC
JurisdictionWestern Australia
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