WORKPLACE LAW AUSTRALIA BASE

Employer implied duties Employer must treat their employees fairly implied by common law, some agreed terms are able to be modified by agreement and also statute may modify duties. It is employer responsibility to ensure the company has the necessary framework to protect the health and safety of their staff and provide a safe working environment such as competent staff with safe plant and equipment and safe system of work. The employer must also exercise standard of care to all employee and also reimburse any reasonable expenses like travel or meal expenses incurred(Lister v Romford Ice(1957)). Reciprocal duties, these duties are held by both parties the employee and employer like the work bargain. The wages to be paid on the require service so the employer has the duty to pay the employee wages where they were hire to perform the duty where they were hire to perform (Automatic Fire Sprinklers v Watson (1946)). The Trust & Confidence duties consist of both employee and employer to treat each other with respect and honesty and be transparent in their interaction so that the relationship can maintain the trust and confidence (Malik v BCC (1998)). Employer duties to provide work to the employees, the employee are entitle to be paid by the employer even when there is no work for them to do where is employee is willing and able to perform task they are hired to perform (Collier v Sunday Referee(1940)). Employer are to ensure no bullying and harassment to the staff and make necessary action to meet reasonable care standard (Nationwide News v Naidu (2007)).

Employee implied duties

Employees has the duty to obey perform lawful order from the employer where if the employee is doing mechanical work and the employer can lawfully ask the employee ask the employee to work on the machine (Tran v Calum Textiles (1997)). Employee need to follow orders may be lawful and reasonable even if it is offensive to privacy where duty of care requires it such as drug testing (Shell Refining v CFMEEU (2009)). Employee are also require to perform duty of care and competence , given chance to acquire skills and given training and also care of employer’s property thus to perform work with both care and competence (PIEUA v Jackson & Sullivan(1957)). Employee are also to provide faithful service during the employment, which is to act in the employer’s best interests but not it’s own (Orr v Uni of Tasmania (1957)). Bribes and undisclosed commissions will be a breach of duty. The employees have the duties to hand over invention where employee has invented using employer facilities or in employer time in course of employment (British Syphon v Homewood (1956)).

Manufacturer implied duties