1、Clive is given one month's notice of dismissal for redundancy on 1.6.X9. On 15.6.X9, his employer offers him suitable alternative employment, which will commence on 15.7.X9. Clive accepts this offer under a written agreement, but after two weeks in the new role terminates the new contract.
What are the consequences?
A. He loses his right to redundancy because on 31.7.X9 he has been employed for only 2 weeks.
B. He loses his right to redundancy because he terminates the new agreement.
C. He is treated as being made redundant on 31.7.X9.
D. He is treated as being made redundant on 30.6.X9.
Answer: He is treated as being made redundant on 30.6.X9.
解析：By S141 ERA 96 an offer of alternative employment (suitable to the employee) must be made before the end of the old employment to take effect within 4 weeks of the end of the old employment. Clive is entitled to a 4 week trial period under a written agreement. If either party terminates it within the trial period it is treated as a case of dismissal for redundancy at the expiry date of the previous employment. That is 30.6.X9.
Clive has a 4 week trial period in the new job. Either party is allowed to terminate the agreement within the 4 weeks. Redundancy does not occur on the date he leaves his new employment.
2、Which three of the following statements are common characteristics of a standard form contract?
A. The terms are on a pre-printed form.
B. One party provides all the contractual terms.
C. The agreement is verbal.
D. One party is not in the position to negotiate special terms.
E. The terms have been negotiated.
Answer: One party provides all the contractual terms; The terms are on a pre-printed form; One party is not in the position to negotiate special terms.
解析：A standard form contract is set out in a pre-printed form by one party, usually a large organisation which has sufficient economic muscle to be able to impose its own terms on the other party. There will be no scope for negotiation of the terms and therefore at least that part of the contract will automatically be in writing.