The enquiry is entirely constructional in nature : proceeding from the express terms of article 65, viewed against its objective setting, the question is whether the implication is strictly necessary.
32.
"This action is contrary to the express terms of the collectively bargained plan as well as the company's seven-and-a-half-year practice of administering the plan, " the union, known as ALPA, contends.
33.
That is not to say that an employer who starts a disciplinary process in breach of the express terms of the contract of employment is not acting in breach of contract.
34.
Levineps knows quite well, from experience and from the editing restriction express terms, that the ban will remain in place indefinitely until he demonstrates he has earned its removal through formal petition.
35.
Express terms must be given their plain meaning and extrinsic evidence ( i . e . background matters ) is not able to be considered, unless such terms are uncertain or ambiguous.
36.
Where there is an express term of the contract in apparent conflict with a " voetstoots " clause, a question arises as to whether the buyer has an action against the seller.
37.
The courts have allowed this to continue, so long as it does not contradict a contract s express terms, which always require an employee s consent, or renegotiation of a collective agreement.
38.
As outlined by the majority the proper function of the implied bill of rights after the adoption of the Charter is to'fill in the gaps'in the express terms of the constitutional texts.
39.
"' Boat Park Ltd v Hutchinson "'[ 1999 ] 2 NZLR 74 is a cited case in New Zealand regarding what evidence is admissible when considering the express terms of a contract.
40.
On the other hand, I do not say that there is nothing which, consistently with such an express term, judicial creativity could do to provide a remedy in a case like this.
