Navigating Contract Disputes: How Can Employers and Contractors Find Common Ground?

Resolving Disputes in Contract Agreements

To address a dispute regarding the terms and conditions of a contract agreement between an employer and a contractor, both parties should consider the following steps. It is important to note that neither party is covered under the Contract Labour Act, as the contractor employs only ten individuals.

Arbitration as a Resolution Option

One option to resolve the dispute is through arbitration. This involves a neutral third party who can help facilitate a resolution between the employer and contractor.

Considering the Contract Labour Act

Alternatively, the issue could be addressed through the Contract Labour Act, depending on the specific circumstances of the case. Ultimately, the decision on how to proceed rests with the sole discretion of the employer.

By exploring these avenues and considering the unique circumstances of the situation, the parties involved can work towards a satisfactory resolution. If you require further guidance on how to address this issue, please feel free to reach out for additional assistance.

Methods for Interpreting Disputed Clauses

Unless the basic details of the difference or dispute between the parties are known, we can offer only some advice based on wild guesses. Nevertheless, try to interpret the disputed clause based on common English, if it is in English, or in its language to understand its common implication (The golden rule of interpretation).

Another method is to interpret the clause by looking at the whole document; the version that aligns with the rest of the clauses should be preferred. Another approach could be the purposive approach; the interpretation that supports the purpose of the whole contract should be preferred over the one that goes against it.

If there is no consensus even after using these methods, arbitration by a mutually agreeable arbitrator shall be pursued.