Employment Law

Kamellia

When a company advertises a job then offers the successful candidate a fixed-term contract, is this lawful when the position was not advertised as a fixed-term position? Even if the position was not necessarily advertised as permanent?

Procrastastudy

An advert is just an offer to receive offers - fundamental contract law. The offer is what is legally binding.

chops018

Not always true that an advert is just an offer to receive offers (invitation to treat). There are exceptions to this rule such as if the person does some part performance - Carlill .v. Carbolic Smoke Ball and Lefkowitz .v. Great Minneapolis Surplus Store prove this. Although you would seem correct in this case as there is no part performance required, merely the person responding to the advert by sending a CV which means the employer can decide to refuse such a person. Just be wary as sometimes adverts can constitute an offer and be a binding unilateral contract even though the other person does not yet know who they are contracting with. A good example would be "Find my dog, reward €100", this person has created a contract with some unknown person who might have set out to find that persons dog, and so this constitutes an offer and is accepted when the person starts the performance of finding the dog.

Procrastastudy

I'd describe that as a unilateral offer rather than an invitation to treat. imho a job ad could not be found to be a unilateral offer. As always happy to be proved wrong.

chops018

GCDLawstudent wrote: »

I'd describe that as a unilateral offer rather than an invitation to treat. imho a job ad could not be found to be a unilateral offer. As always happy to be proved wrong.

No no, I wasn't saying you were wrong in this case, I was just saying be wary that not all offers are invitations to treat!