01: Introduction

Within the context of every employment relationship the parties have duties they must conform to if the contract is to remain enforceable. These duties can be set out in the contract but even if they are not they can be implied. The most common duties are:

• Not to destroy the relationship of trust and confidence between employer and employee.
• To take care of the employee’s health.
• To abide by the terms of the contract.
• To give the employee the right to obtain redress of any grievance.

The duties have been developed through case law decisions that determine the extent of the duty and the tests to confirm that it has been adhered to. An employer who breaches any of the duties breaches the contract itself and this gives the employee the right to take a breach of contract claim to the courts.