The trouble with common law is that it moves forward too slowly. It moved at a much slower pace that required by commerce and advocates of human rights. Despite all of this legislation the Common Law is alive and well. It applies to nonunion employment contracts to the extent that the minimum standards set out in the ESA do not apply. Several aspects of the common law of employment will be discussed.
All employees have employment contracts.
They may not be in writing but they do exist. These aspects are referred to as the terms of employment. Once established, the parties are generally bound by these terms and they cannot be changed unilaterally. Obviously, uncertainty arises when the terms of employment are not clearly set out in a written contract. Many employers are utilizing employment contracts to crystallize the respective rights of the employer and employee.