Oil on troubled waters? The slippery interface between the contract of employment and statutory labour law

Abstract

Introduction: Although in labour law the term ‘employment relationship’ means more than a contractual relationship, in the vast majority of cases the contract of employment serves as ‘port of entry’ to the employment relationship. In general, its terms (express or implied) will govern the employment relationship except to the extent that they are unlawful or have been superseded by statute or collective agreement. This is the essence of what used to be known as the law of master and servant.