Happy Roses Pte Ltd
Happy Roses Pte Ltd (the “Company”) was seeking to hire a driver for its flower delivery service. Ken applied for the position and managed to secure an interview. During the interview, Lina (as the Company’s Human Resource Manager) explained that as the Company’s business was just starting, the driver was not required to deliver many orders. Ken was very concerned about working hours as he was studying part-time. Lina noted that it was “the usual office hours from 9.00am to 5.00pm, Monday to Friday” and assured him that there is no need to work on weekends. In addition, she explained that Ken, if hired as the driver, would need to wear the corporate uniform throughout the workday since all the employees, except for the office staff, are required to project the same corporate image. Last but not least, she mentioned the remuneration package, including the medical benefits and annual leave entitlement that is relevant for the job. At the end of the interview, Ken was offered the position and he accepted. There was no signed employment contract as the Company “wanted to keep things simple”. (a) Identify the pre-contractual statements made by Lina (on behalf of the Company) and determine the nature of such statements. In your analysis, you should clearly explain which statements would be considered part of the employment contract and the nature of such statements. There is no need to analyse the statements that Lina could have made about the remuneration package. (b) Assuming that there were no other statements made during the interview, discuss one (1) possible term that could be implied by the courts into the employment contract. Explain your reasons and cite the relevant case law to support your answer.
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