5 Responsibilities Employers Have To All Their Employees
An employer has a number of responsibilities to its employees, and if any one of the implied terms is breached, any employee may be dismissed from his/her job. This may allow the former employee to bring a wrongful dismissal claim against the employer. What are some of the implied terms?
5 Responsibilities Employers Have To Their Employees
1 – Responsibility To Give Work and Pay Wages
Common law dictates that employees have no right to work. So, long as the employer pays his/her employees, there is no implied term breach, even when the employee is left trying to find something to do.
If the employee’s livelihood is contingent on publicity, the employee has every right to work. Employees who get paid through commission are subject to the implied duty to get work from their employer.
2 – Responsibility To Protect Employees
Employers have a responsibility to cover employees for their liabilities and expenses while they are employed. According to the case of Re Ramatina Development Corporation LTD (1914), the Court of Appeal stated that the consulting engineer whose former managing director was unsuccessful in his suit for defamation could be reimbursed for the irretrievable costs.
3 – Responsibility To Take Steps To Ensure Employees’ Working Conditions and Safety
Employers have implied contractual duties to provide employees with sufficient premises, knowledgeable co-workers and a safe work system. Employers must have liability insurance on their employee to benefit them. However, it does not extend to the protection of their property. Rather, it’s relation to their personal safety.
4 – Responsibility Of Mutual Confidence and Trust
Employers and employees have a responsibility for mutual confidence and trust to one another. According to Woods vs. WM Car Services (Peterborough) Ltd. Employers are not permitted to act in a manner that is likely to seriously damage a relationship of mutual confidence and trust between themselves and their employees.
5 – Responsibility To Provide References
An implied term exists to compile or provide references and verify information about employees. This employer could be held liable if the employee suffers an financial loss due to a negligent misstatement. According to Bartholomew vs. London Borough of Hackney (1999), the Court of Appeal stated that when employers give a reference, they have a responsibility to give a reference that’s fair and accurate.
Employees must give notice in answer to the employer’s breach of contract to be thought of positively discharged and won’t bring a claim if they quit for some unrelated reason.
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