IMPLIED TERMS IN CONTRACT OF EMPLOYMENT (COMMON LAW DUTIES)

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Term of contract which are impliedly incorporated into the contract of employment

IMPLIED TERMS IN CONTRACT OF EMPLOYMENT (COMMON LAW DUTIES)

EMPLOYEES

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

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.

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

EMPLOYER

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.

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

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

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

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.

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.