Chapter 4 - Contract of emploment

The relationship of an employer and an employee is generally

governed by the terms of the contract of employment. It can be divided into two terms, ie;

• Express

• Implied

• Condition

• Warranty

Employer - implied terms

• business profit share

• provide work

• payment of wages

• provide safe system of work

If an employer provides wages but does not provide work to an

employee, does it amount to breach of contract of service?

• Mutually agreed by both parties.

• Courts have no view of this.

• Courts are of the view that this amount to breach of

  contract of service.

• Courts are of the view that this does not amount to breach of

  contract of service.

General principle is an employee has no right to remain on the

premises provided by the employer after his services are

terminated

• TRUE

• FALSE

Duty to provide a safe system of work in also governed by the ____________________

, making it an express

term for both the Employer and emloyees.

• Occupational Safety and Health Act 1994

• Employees' Social Security Act 1969

• Employment Act 1955

• Trade Union Act 1967

Implied terms on the part of the

employees

• Duty of fidelity

• Duty to disclose

• Duty of care

• Duty to incharge

It is the employee’s obligation to respect the confidentiality of

information which is the property of his employer which comes

from the general duty of faithful service

• TRUE

• False

• ALL

Implied term of fidelity

• This duty of fidelity can be either express or implicit. The

  employee is expected to safeguard the employer’s confidential

  information after his contract of employment.

• This duty of fidelity can be both express and implicit. The

  employee is expected to safeguard the employer’s confidential

  information throughout his contract of employment.

• This duty of fidelity can be only express. The

  employee is expected to safeguard the employer’s confidential

  information always.

• This duty of fidelity can be only implicit. The

  employee is expected to safeguard the employer’s confidential

  information later.

Implied term of fidelity - Can be divided into 2 situations:

• before the contract

• during the contract

• after the termination of the contract

How can the employer protect his other information that does not fall within

the meaning of trade secret or confidential information equivalent to a trade

secret?

• restrictive covenant/ restraint of trade

• injunction

• letter from lawyer

• agent's instructions