An express and implied contract

Walking up towards the customer service centre on my last day before the Christmas break, I stumbled across our belated manager sunning himself on a seat out the front. We needed to discuss the issue of my flexible hours agreement partial success, so we did it there as he clearly wasn't performing any useful work at this point anyway. He explained to me he didn't feel the decision was correct and he fought it to the end, he was naturally arrogant in his attitude, regardless, a less than independent arbitrator ruled against him - ouch.

It is difficult to concede that you have been outplayed in all facets of a negotiation, he has been found to be negligent in his actions, his only defense is to hide behind his position. My strategy is simple, present facts, no emotion, withhold no information and use calculated reason - a simple yet effective strategy. Their strategy is also simple, use evasive tactics, block any questions, hide behind an inflated position and continue to evade reasonable questions.

Furthermore, he then explained that while I signed the agreement and he signed the agreement, the director has not signed the document. However, the agreements were lodged with human resources, we were working within the framework of the agreement, we were also paid as per the agreement - therefore, an agreement was in force, this is the definition of an express contract.

The failure of the director to knowingly sign such an agreement is a very severe indictment on the strategic portfolio, a systematic failure at so many levels. Reviewing the mission, vision and values statement, the concept of fairness had eluded him, such a document to him is a just nothing, this is the second level of my fightback, their own values statement.

I tried to explain the concept of the express and implied contract to him, as he is somewhat challenged in managerial concepts, he was more than a little confused. Regardless, he was under the impression that as a dictator, he has total domination, oh how wrong was his thought pattern.

The concept of the implied contract was explained to me in the context of seeking the consultation of a medical professional. Sitting in the waiting room of a doctor, you do not pay for the consultation up front, you meet with your physician, they interview you, run a series of tests, decide on a course of action and then return with results for further diagnosis.

I agreed to the terms of the contract, worked in accordance with the agreement acting in good faith. This brings me to my next point, although I acted in good faith, it is clear my manager is acting in a manner not fitting the position of a competent manager. I cite the organisational vision, mission and values statement and reference the integrity value “We conduct our business in an ethical, open and honest manner that treats our clients and colleagues with respect and understanding.”

It is clear the personal values of my manager do not extend to the requirements of the organisational vision, mission and values statement. It is clear my manager is collaborating with the director to circumnavigate the terms of the employment agreement. As the principal of trustworthiness and honesty has already been established when I was able to prove that a meeting had not taken place regarding the FHA, I was able to be reimbursed partially for the FHA.

It is my claim that my program manager is not acting in an honest and ethical manner while his personal integrity is being called into question. This is the reason I have decided to pursue alternate employment, I refuse to work in an organisation that pays such scant regard to their own stated values.