This site contains legal material relating to Employer/Employee Relations.All HR Executives are advised to be familiar with the Employment Act and the Industrial Relations Act 1967. A word of advice for all HR Executives- treat the wounds as soon as they appear-Some diseases need immediate attention due to their infectious nature. The end result may lead to a substantial Court Order or an out of Court Settlement which burns the Companys pockets. Vijay-LLB,CLP,LLM.
Wednesday, July 21, 2010
WOODS V WM CAR SERVICES [1981] ICR page 666
In our view it is clearly established that there is implied in a contract of employment a term that the employers will not,without reasonable and proper cause, conduct themselves in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between employer and employee. Caurtlands Northeren Textiles v Andrew [1979] IRLR 84. To constitute a breach of this implied term it is not necessary to show that the employer intended any repudiation of the contract;the tribunal's function is to look at the employers conduct as a whole and determine whether it is such that its effect, judged reasonably and sensibly,is such that the employee cannot be expected to put up with it;British Aircraft Corporation v Austin [1878] IRLR 347. The conduct of the parties has to be looked at as a whole and its cumulative impact assessed. Post office v Roberts.
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