Final Ch. 17 Flashcards Preview

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Flashcards in Final Ch. 17 Deck (12)
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1
Q

Employee

A

individual worker with a contract of service

2
Q

worker

A

works under contract of service but fewer rights than an employee

3
Q

Contract of service

A

contract between an employer and employee

4
Q

Contract for services

A

contract between an independent contractor and another party

5
Q

implied terms of the employment contract (4)

A
  1. Custom and practices
  2. Work and Staff rules
  3. Collective agreements (btw union and employers)
  4. Statute
6
Q

Common law duties of employee (3)

A
  1. to do their job with reasonable care and skill
  2. to obey all reasonable orders
  3. act in good faith towards the employer
7
Q

Common law duties of the employer (3) (under statue)

A
  1. duty to pay the employee
  2. not to undermine the trust and confidence
  3. provide safe working conditions
8
Q

non-delegable duty

A

the employer cannot avoid liability merely by showing a hazard has been created by a third party

9
Q

common law duty of employer comprises of 3 obligations

A
  1. competent staff
  2. safe premises, plant and equipment
  3. a safe system of work (clothing, training)
10
Q

Employee victim of industrial accident or illness will need to prove (3)

A
  1. legislation gives the right to sue for damages
  2. employee is part of the class of persons protected by the legislation
  3. defendant is in breach of duty
11
Q

employers liable …

A

if they have failed to take the reasonably practical resources

12
Q

Health and Safety Executive have the power to (2)

A
  1. Improvement notices

2. Prohibition notices