Employer’s common law duties
Employee’s common law duties
Important implied terms in E.O.
Termination by choice
If an employee fails to go to work on time, can the employer dismiss him without any compensation?
An accountant, Mary, entered into an employment contract with her accounting firm. According to the terms of employment, Mary was not allowed to work as an accountant for 3 years in Central after termination of the employment(restraint of trade clause) or solicit business from the former accounting firm customers. One month after leaving the firm, Mary worked as a senior accountant for another accounting firm in Central. Her former employer wants to sue Mary for breach of employment contract. Advise Mary of her position.
Carol is employed as a clerk by a firm of accountants. She is approached by George, a garage owner, who asks Carol if she will do his bookkeeping in her spare time. Explain whether Carol will be breaking her contract of employment if she accepts this offer.
After a heated argument, Mr. Bean resigned and set up his own business having recruited a number of Mr. Cox’s salespersons. Before leaving they had all familiarized themselves with such things as customer lists, pricing structures and delivery routes. Mr. Cox’s business suffered dramatically and he decided to sue Mr. Bean and the others for breach of contract. He contended that it was a term of all employment contracts that they would not take with them vital secrets and work in direct competition after termination their employment. Although nothing had been expressly included in their original contracts, Cox argued that it was implied by law. Advise Mr. Cox and his former employees of their respective legal positions.
Tony is employed as a teacher by Sunny High School. Due to the extreme tightness of the scheduling at examination times, Tony, along with many other members of staff, has to work both evenings and weekends to ensure that all the examination scripts are marked in time for the requisite Examination Board meetings. This particular year, Tony and a few other staff have refused to work evenings and weekends marking the scripts, because of the pressure this causes to their families. This refusal has led to a disruption to the Examination Board meeting schedule and to the School as a whole. The School has now responded by consulting your firm of solicitors as to whether it can deduct a percentage of these teachers’ wages for their action or even refuse to pay them any wages at all. The teachers involved have refused to sign an undertaking to the School that they will not take such action again in the future. Advise Sunny High School.
Rita was the machine shop floor supervisor. She was dismissed when she missed a shift because she was visiting her sick mother in hospital. After an internal appeal, she was reinstated at a lower grade, with a consequent reduction in salary, after consideration had been given to the fact that: a) she had been worked there for 15 years; b) she had an exemplary work record; and c) she had arranged for another supervisor to cover her shift and no disruption to the business occurred. Rita resigned after the appeal. Mavis worked on the shop floor for five years. Due to foreign imports, ABC had been striving to produce more products in less time and the workers were ignoring safety procedures-such as fencing machinery-to meet targets ABC had set. Mavis refused to remove the fence on her machine and therefore could not work as quickly as the others. ABC warned her that if she could not meet her targets by removing the fence, he would reduce her wages. Because of the stress placed upon her, she resigned. Advise Rita and Mavis.