In the paper “Statutory duty against employer” the author provides a case study of an action of tort either under the broad concept of negligence or for breach of statutory duty against an employer. It is a common practice to plead breach of statutory duty with negligence…
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The case of Wilsons & Clyde Coal Company v English3 established the implied basic duties that employers owe their employees, the breach of which entitles the latter to award of damages in an action for tort on the broad ground of negligence. These duties are: selection of competent staff that had the benefit of proper training; proper and suitable plant; proper and fit place of work, and; safe system of work. The aforecited duties are deemed primary liability of employers. In McDermid v Nash Dredging and Reclamation Co Ltd,4 the Court awarded compensation to the claimant, employee of the therein defendant, who was injured whilst performing his functions as a deckhand on a tug, owned by a Dutch company working in the dredging operations with the defendant company. The tug captain, who was employed by the Dutch company, carelessly mishandled the tug movement resulting in the injuries sustained by the claimant. The Court sided with the claimant notwithstanding that the injuries was caused by the tug captain, who was not under its employ, on the ground that the responsibility to keep a safe system of work was its personal responsibility and therefore, non-delegable. An action for breach of statutory duties necessarily requires that the employer has breached a provision of a statute or law. An equally important consideration in this action is the determination that the statute itself contemplates granting the claimant a right to a civil action. An action for breach of statutory duties necessarily requires.
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(Statutory Duty Against Employer Essay Example | Topics and Well Written Essays - 1500 Words - 3)
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“Statutory Duty Against Employer Essay Example | Topics and Well Written Essays - 1500 Words - 3”, n.d. https://studentshare.org/law/1575231-law-essay.
Second, whether the psychological injury suffered by Mathews can be the basis of a claim for stress related injury at work. Third, whether the company is criminally liable for the losses suffered by Mathews due to having worked continuously for extended periods.
The case of Wilsons & Clyde Coal Company v English established the implied basic duties that employers owe their employees, the breach of which entitles the latter to award of damages in an action for tort on the broad ground of negligence. These duties are: selection of competent staff that had the benefit of proper training.
The employer acts with reasonable means in order not to destroy or cause damage to the relationship of trust and confidence that already exist between the employer and the employees. The terms of mutual trust and confidence have taken a central duty in the law of contract of employment.
Law: AWA V Daniels1 imposed on directors stricter duties in the exercise of care, skill and diligence while in the performance of their responsibilities to the corporation: The case of Daniels V Anderson2 held that executive directors breached their duty, while non-executive directors did not commit breach of duty.
She estimated that she needed a computer worth around 200 but was told by Alec that for the kind of work she wanted a computer for, she needed one that is worth 2000. In fact the same computer is sold by the shop at 1000 but Alec took advantage of the old woman and charged her more money.
.2 Although the duty of implied trust and confidence is a mutual one, the breadth of decided cases tend to support the view that the duty is primarily one for the employer leaving the employee the primary beneficiary of the implied duty of trust.3 This is so although the
ing directors of NatureWorld, must exercise care and diligence under Section 180, which states that a director or other officer of the corporation must exercise their powers and discharge their duties with the degree of care and diligence that a reasonable person would
According to this principle, either the employer or the employee can terminate the agreement with or without a reason. However, the employer cannot dismiss the employee for an illegitimate cause.
According to common law exception on good faith and fair dealings, John cannot
It does not cover injury that results from intentional harm. The core idea is that people should take reasonable precautions to prevent foreseeable harm. A cause of action arising from negligence can result in a damages award. This harm can be to persons in terms of physical and mental injury, property, personal relationships and financial status.
7 Pages(1750 words)Essay
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