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Implied obligations of employer and employee (by courts) - Coggle Diagram
Implied obligations of employer and employee (by courts)
Implied term: Employer's duty not to be negligent (contract law, tort of negligence (primary liability)
Tort of negligence: Duty of care
anyone and everyone
independent contractor (lower standard of duty of care)
employee (higher standard of duty of care) eg. provision of proper equipment
Breach of duty (reasonable employer)
Staff-related matters
not suitably qualified or inadequate staff
Butler v Fife Coal Company Ltd (1912)
CO death, offers in charge not qualified to deal with such dangers ->
liable (primary)
Danger to other employees (known to employer who does nothing about it)
Hudson v Ridge Manufacturing Co Ltd (1957)
habitual prankster warned by employer but continued to employ
->
liable (primary)
Construction (South Pacific) Development Co Pte Ltd v Shao Hai (2004)
assault colleague, no evidence of previous fights, employer don't know propensity
->
NOT liable (primary)
Walters v Commissioner of Police of Metropolis (2000)
bully or harass colleague, employer know but no appropriate action
->
liable (primary)
proper pre-screening (nature of job and risk level)
Safe place of work
eg. sufficient lighting, no obstructions
DOC for proper risk assessment at another place
Chandran a/L Subbiah v Dockers Marine Pte Ltd (2010)
employee fell from great height from vessel (not employer's)
->
liable (primary)
Safe system of working
adequate or suitable equipment
Ross v Associated Portland Cement Manufacturers Ltd (1964
Bell & Arnott & Harrison Ltd (1967)t
properly maintained
possible duties
proper training, instructions, supervision
qualifications, complexity
Chua Ah Beng v C & P Holdings Pte Ltd (2001)
lack of simple operations instructions, experience d emploee
-> NO breach
hand over or educate need to use or enforce usage
Crouch v British Rail Engineering Ltd (1988)
depends on level of risk and employee experience or education
Psychiatric damage
AND
fail to do what a reasonable employer would do eg. more workers, transfer to less demanding dept, time off or paid counselling (assuming financial means)
Exception: only reasonable alternative is terminate service
Sutherland v Hatton (2002)
only reasonable alternative: terminate service, continue to employ, further psychological injury
->
NOT liable
know employee suffers or likely to suffer from psychological issues
AND
Walker v Northumberland County Council (1955)
excessive workload and pressure, second mental breakdown
->
Liable
-
Sutherland v Hatton (2002)
no idea, assume can take noraml work pressures
->
NOT liable
Chandan a/L Subbiah v Dockers Marine Pte Ltd (2001)
duty to take appropriate care is very general, can be breached in countless ways
Harassment
By employee
By employer
implied term of "trust and confidence" (CONTRACT?)
Reasonable man test
reasonable employer
Blyth v Birmingham Waterworks Co (1856)
balance risk and cost of preventive measures
Latimer v AEC Ltd (1953)
other employers in the industry (not conclusive)
Brown v John Mills & Co (1970)
whole industry practice improper
Defences
Contributory negligence
Sayers v Harlow
locked in toilet, step on toilet roll which rotated true to its mechanical requirements
-> Defence held
reduce compensation amount
Alan Jahangir v Mega Metal Pte Ltd (2018)
reckless experienced workman
->
half damages
Parno v SC Marine Pte Ltd (1999)
end of workday, 12h shift, momentary lapse in judgment
->
2/3 damages
Delegation of duty NOT a defence
Wee Peng Whatt v Singapore Transport Supply Services Pte Ltd (1977
Employee obligations
Misappropriating property
Conflict of interest
Doing outside work
Good faith and fidelity
Confidential information
Duty of care
Disclosure about oneself
Competency
Intellectual property
Obedience
Exceptions
Employer's vicarious liability (for employees only)
Civil requirements (fulfill
ALL
)
employee commit legal wrong
Legal wrong took place in the course of employment (negligent, fraudulent, intentional)
Close connection between wrong and job
Liable (civil, vicarious)
Not liable (civil, vicarious)
Just and fair to make employer liable
during or outside work hours (not conclusive)
Liable (civil, vicarious)
Not liable (civil, vicarious)
Criminal (either
OR
)
Statute
Facts (mental element)
Intention (less likely)
Recklessness (less likely)
fairer for employer to bear loss as compared to victim if employee does not have means to pay
does not apply for independent contractor
less control
independent contractor more likely to have means to pay
Breach of implied term
Right to sue for losses
Terminate contract (serious/repudiatory/fundamental breach)
Implied term: Employer's duty of trust and confidence
Cheah Peng Hock v Luzhou Bio-Chem Technology Ltd (2013)
Employer's duty to indemnify