Question One: Employment Law

Expanded Mind Maps for Questions 1(a) and 1(b)

1(a) Mind Map: Law on Duty to Act in Good Faith

Contract of Service
Implied Duties
- Employee's Duties
  (Common Law)
  - Duty of Fidelity
    (Good Faith)
    - No Conflict No competing in spare time; no working for rivals if "exclusive".
    - Confidentiality Protect trade secrets, profits, customer lists.
    - No Secret Profits Must account for bribes or hidden commissions.
  - Competence
    & Obedience
    - Obey Orders Must be lawful & reasonable (e.g., Mackie v Weinholt).
    - Due Care Possess required skills; no negligence.
- Employer's Duties
  (Common Law)
  - Trust &
    Confidence
    - No Abuse e.g. Isle of Wight Tourist Board v Coombes.
    - Provide Support e.g. White v London Transport (busy times).
    - No Harassment e.g. Bracebridge Engineering.
  - Safety &
    Payment
    - Safe System Competent staff, safe tools/premises (Tort/OSHA).
    - Wages Consideration for work (Stinchcombe v Thomas).

1(b) Mind Map: Ethical Principles in Employment

Ethical Principles
& Good Faith
- Justice (Adl)
  & Fairness
  - Equal Treatment
    - Fair hiring & firing practices.
    - No discrimination (Griggs v Duke Power).
  - Legal Process
    - Steps to check unfairness (McDonnell Douglas).
- Beneficence
  (Do Good)
  - Safety (Care)
    - Employer duty to prevent harm (Smith v Woolworth).
    - Provide safe equipment/environment.
  - Growth
    - Prioritizing employee health & professional dev.
- Accountability
  & Integrity
  - Statutory Duty
    - Compliance with Employment Act 1955.
    - Timely wages & benefits.
  - Honesty
    - Reporting unethical/illegal activities.
    - Constructive Dismissal if trust breached.
- Respect for
  Autonomy
  - Rights
    - Respecting liberties & choices.
    - Open communication & feedback.