IMPLIED TERMS IN CONTRACT OF EMPLOYMENT (COMMON LAW DUTIES)
EMPLOYER
1. PROHIBITION VS ILLEGAL WORK
- GP: a person cannot enforce an
illegal contract because it is
against public policy
Gregory V Ford
- the employees involve in accident during carrying something that not cover by insurance
- the employer try to prove that the employees was wrong
- it was an implied term that survent should not be required to do unlawful act.
2. PROHIBITION V HAZARDOUS WORK
Ottoman Bank V Bouzourou
the Judicial Committee of the Privy Council held that an employee can refuse to transfer to a geographical area where the employee would be at personal risk, but cannot refuse to go in the absence of personal danger.
3. TO PROVIDE A SAFE SYSTEM OF
WORK
Teong Wee Meow V Goh Poh Chan
- Dug a well
- death due to toxic fumes
- sending employees to die
4. DUTY TO PROVIDE WORK
- If a professional, they will lost their skill
if they don't do work
- As long as employer pay you.
Turner V Sawdon
the defendants agreed to engage and employ the plaintiff as their representative salesman for a period of four years. Before the expiration of the four years the defendants, although they were willing to continue to pay wages to the plaintiff, refused to give him any work as their representative salesman
Special Circumstances
- Failure leads to loss of reputation
- Failure leads to a reduction in employees actual
- If employee need practice and training
- Failure amounted to a repudiation of a contract
employment
EMPLOYEES
1. DUTY OF FIDELITY: GOOD FAITH V
LOYALTY
- cannot make use employer information
- cannot share information to outsider
- you can share it after terminated, but not trade
secret
Wessex Diaries V Smith
- use company information after terminated.
- it was wrong because he use customer
information for own business
2. DUTY TO DISCLOSE
MALPRACTICES/ IMPROPER
PRACTICES CARRY OUT BY
COMPANY
Initial Services Ltd V Putterhill
- if it is your job scope you need to disclosed
because this patter must belong to company.
3. DUTY OF CONFIDENTIALITY
- The nature of information
- The nature of employees
- Employer talk to employees or not
- relevent information easy isolated or not
Faccenda Chicken V Fowler
- they do not create any agreement prohibiting
employees from use customer address