Final Ch. 17

Question 1

Employee

Answer 1

individual worker with a contract of service

Question 2

worker

Answer 2

works under contract of service but fewer rights than an employee

Question 3

Contract of service

Answer 3

contract between an employer and employee

Question 4

Contract for services

Answer 4

contract between an independent contractor and another party

Question 5

implied terms of the employment contract (4)

Answer 5

1. Custom and practices
2. Work and Staff rules
3. Collective agreements (btw union and employers)
4. Statute

Question 6

Common law duties of employee (3)

Answer 6

1. to do their job with reasonable care and skill
2. to obey all reasonable orders
3. act in good faith towards the employer

Question 7

Common law duties of the employer (3) (under statue)

Answer 7

1. duty to pay the employee
2. not to undermine the trust and confidence
3. provide safe working conditions

Question 8

non-delegable duty

Answer 8

the employer cannot avoid liability merely by showing a hazard has been created by a third party

Question 9

common law duty of employer comprises of 3 obligations

Answer 9

1. competent staff
2. safe premises, plant and equipment
3. a safe system of work (clothing, training)

Question 10

Employee victim of industrial accident or illness will need to prove (3)

Answer 10

1. legislation gives the right to sue for damages
2. employee is part of the class of persons protected by the legislation
3. defendant is in breach of duty

Question 11

employers liable …

Answer 11

if they have failed to take the reasonably practical resources

Question 12

Health and Safety Executive have the power to (2)

Answer 12

1. Improvement notices

2. Prohibition notices