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Employers Duty Of Care Essay

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Employer’s Duty of Care






                                              Employer’s Duty of Care

                    Explain whether Jake’s actions are in or out of “his scope of employment.”

      This question asks the extent to which employees should go to perform their duty of care. It is clear that corporate workers hold a duty of care to the corporations they work for. They have an obligation to perform a duty of care under all circumstances like a reasonable man would (Halbert and Ingulli, 2010). The employers hold the same duty of care for their employers, since they are the main contributors to success of an organization. In an employment relationship, it is vital that this duty of care comes from both sides. Legally, an employee owes the employer the duty of obedience and performance. Under the duty to performance, there is a condition implied to the employees they will do their work diligently and skillfully. The employee is also under implied duty of following all instructions as far as they are lawful. If an employee fails to follow clearly stated instructions without a compelling reason, then there is a violation of duty of performance. However, there are instances where the stated instructions are not exceptionally clear to the employer, in such a case he or she should act in good will, and in a reasonable manner under the given circumstances (Bower and Bower, 2005). In this case, Herman told Jake that his sole responsibly was to work on oil changing and not necessarily change the tires, brakes, and transmission. Therefore, it appears as Jake is violating his normal duties. However, according to Jake, as a certified mechanic, he has standards he must meet and that he has just acted reasonably as per the given circumstances. If Jake’s action is under the scope of employment is a legal fact question that needs arguing in court to be decided by the jury. However,...

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"Employers Duty Of Care". Anti Essays. 17 Jun. 2018


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Employers Duty Of Care. Anti Essays. Retrieved June 17, 2018, from the World Wide Web: https://www.antiessays.com/free-essays/Employers-Duty-Of-Care-172477.html