Page 157 - Microsoft Word - 00 Prelims.docx

The law of employment

Implied duties of the employee

Duty to give honest and faithful service (fidelity)

 The duty of fidelity is of fundamental importance. It is breached if, for example,
an employee works for a competitor in his spare time.

Duty to obey lawful and reasonable orders

Duty to exercise reasonable care and skill

 The employee must act with reasonable care in performing his duties. A single
act of negligence will not usually justify dismissal, unless it is gross negligence.

 An extension of this duty of care is a duty to indemnify the employer for any
damages incurred as a result of the employee’s negligence.

Duty not to misuse confidential information

 An employee must not disclose trade secrets to a third party nor misuse
confidential information he has acquired in the course of his employment.. This
duty can continue even after the employment has ended.

Duty to give personal service

 The employee must carry out his duties personally unless he has express or
implied permission to delegate.

Duty of mutual cooperation

 This is a mutual obligation imposed on both parties and is based on respect and
consideration for each other.

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