Employment Law (Duties of Employee)

Question 1

Common Law Duties of Employees

Answer 1

1. To provide a personal service
2. To provide a loyal service
3. To obey lawful and reasonable orders
4. To take reasonable care in the exercise of his/her employment

Question 2

Robb v Green (1895)

Provide a loyal service

Answer 2

CASE: Robb wrote down the names of his employer’s customers before he left their employment. He planned to set up a business in competition with his ex-employers and try to persuade their customers to switch their business to him.

HELD: The courts prevented the ex-employee from doing this through an interdict (which stopped him from being able to do this)

Question 3

Aparau v. Iceland Frozen Foods plc (1999)

Obey lawful and reasonable orders

Answer 3

CASE: Mrs Aparau was employed as a cashier. Before Iceland took over the firm she worked for, her employment contract contained no express terms relating to her place of work or her mobility. Iceland Foods issued new terms and conditions of employment to the employees. One term was that employees ‘may be required to work at a different location at any time’. Mrs Aparau never signed or returned the form. A year later she refused to be moved to another branch of Iceland.

HELD: She resigned from her employment and successfully sued for constructive dismissal.