Common Law Duties
Duties of the Employee and the Employer
• Once the employment relationship is confirmed, it being a
contractual one, mutual rights and duties are created.
•These duties are laid down in the Employment Act 1955, and
all other legislation.(express duties)
•The common law also imposes many duties on both parties.
Also known as implied duties.
Duties of Employee
1. Duty to work in a skillful competent manner.
2. Duty to obey lawful and reasonable and safe commands.
3. Duty to maintain confidentiality.
4. Duty of disclosure.
5. Duty to perform work with reasonable care.
Duty to work in a skillful competent manner
Acceptance of employment in a job requiring a particular skill involves
and implied warranty by the employee that they have the skill required
and can carry out the task.
Lister v Romford Ice and Cold Storage Co Ltd [1957] AC 555;
acceptance of employment also involves an implied promise to perform
that work with reasonable care.
Duty to obey the employer’s lawful, reasonable
and safe commands.
This supports the rights of management (known as ‘managerial prerogative’) to
make decisions about how the business will operate, what work will be carried
out, by whom, when and in what manner.
Commands that expose an employee to risk of injury or damage to health can
be disregarded.
Ottoman Bank Ltd v Chakarian (1930) AC 277;
Facts: An employee who was transferred to a branch in another country refused
to go because he feared for his life in that country due to his ethnic heritage.
Held: An employee must obey reasonable commands but in the particular
circumstances of this case the employee had good reason to fear for his safety.
Duty to maintain confidentiality
•If employees become aware of confidential information that is
peculiar to their employer or to activities of their employer, they
are under a duty not to disclose such information to business
rivals of the employer nor to use the information for their own
benefit if the release of that information would be injurious to
the employer or of advantage to trade rivals.
Duty to disclosure.
• In certain situations, the employee may have a duty to disclose
information relevant to the employer.
•For example, if the employee is in a supervisory or management position,
there is an implied duty to report any breach of another employee’s
employment contract to their employer.
Duty to perform work with reasonable care.
•Laid down in the Occupational Safety and Health Act 1994 (OSHA 1994).
•the duty to wear protective clothing and appliances provided by the employer.
•Under section 25 anyone who interferes intentionally, recklessly or negligently
anything provided or done for safety and health purposes (e.g. fire hydrant,
safety doors, railing, safety net) shall be guilty of an offence.
•Employee may be liable for any negligent act that has resulted in injuries/death
to himself or others. In the case of Govalan v KL-Kepong Amalgamated Ltd, an
employee injured himself when he acted in defiance of his employer’s
instruction. The court held that his employer was not liable for his injuries. He
contributed to his own injuries
Duties of Employer
1. Duty to pay the agreed remuneration.
The duty to pay a wage includes the duty to provide salary information such as salary slip at the
time of payment of salary.
2. Duty to provide work.
3. Duty to ensure the safety of their employee.
4. It is also important that employer to allow the employee to register, participate in or establish
a trade union. Any actions to prevent the employee’s effort is a breach of employer’s duty.
5. Duty of good faith and treat employee fairly.
Duties of Employer
In Petroliam Nasional v Nik Ramli , a graduate who was sponsored to study
abroad by the appellant found that upon his completion of study, he was not
given any work even though he was given salary. He argued that the appellant
owed him a duty to provide work. In that light he resigned and claimed
constructive dismissal. The Industrial Court rejected his claim but he won at the
High Court and the Court of Appeal by way judicial review. The Federal Court
upheld the Industrial Court award and held that he was not constructively
dismissed. The Federal Court took the view that the claimant was impatient and
should have waited until the employer provided him with work.
Duties of Employer
A safe system of work must be provided to employee.
The duty is well illustrated by the Occupational Safety and Health Act 1994 (OSHA). Section
15(1) of the OSHA 1994 provides for the general duty of an employer to ensure safety, health
and welfare of his employee. The section states:
(1) It shall be the duty of every employer and every self-employed person to ensure, so far as is
practicable, the safety, health and welfare at work of all his employees.