Duties and remedies for employers' Flashcards
1) Accepting the Employee into Service
The employer must accept the employee into service. Failure to do so allows the employee to claim damages for lost earnings (the amount he would have earned in respect of the incomplete part of his period of service). It appears to be virtually incomprehensible that an employer will employ someone and then not give him any work to do.
2) Providing Work
Generally, employers are not required to provide work if they pay the agreed remuneration. However, work must be provided in certain cases, such as for piece work, maintaining employee status, training, or when publicity is crucial (e.g., actors).
3) Paying Agreed Remuneration
The employer’s primary duty is to pay the agreed remuneration in money or in kind. Payment intervals must follow the agreement or industry standards. Payment must follow service rendered, with exceptions for illness, force majeure, or suspension scenarios.
4) Paying a Quantum Meruit
If an employee or contractor leaves before completing work, they are generally not entitled to payment unless the employer’s repudiation caused the non-completion. It is a compensation that prevents one party from benefiting at the expense of another
If the benefit to the employer is less than the loss to the employee, the employee is paid the value of the benefit received by the employer.
If the loss to the employee is less than the benefit to the employer, the employee is paid the value of their loss.
5) Providing Safe Working Conditions
Employers must ensure safe working conditions, including safety equipment, trained supervisors, and a safe work system. Failure to do so makes the employer liable for injuries, except in cases where the employee voluntarily accepts the risk
6) Complying with Statutory Duties
Employers must adhere to statutory obligations, such as providing paid leave, observing working hours, paying minimum wages, eliminating workplace discrimination, contributing to the Unemployment Insurance Fund and the Compensation Fund, and paying skills development levies.
1) Summary Dismissal
Immediate termination of an employee without notice due to a material breach of contract. Incompetence, serious negligence, refusal to work, unreasonable absences, disobedience, rudeness, secret profits, disclosure of trade secrets, dishonesty, private use of employer’s property, misconduct (e.g., drunkenness, assault), and insubordination.
Employees are entitled to any outstanding remuneration for work done and payment for accrued leave, unless his work is so wanting in quality that it can validly be rejected by the employer
2) Specific Performance
Court order requiring the employee to fulfill contractual duties.
Not suitable if the employee’s future performance cannot be assured or if the trust relationship is broken.
Effective in cases like stopping an unlawful strike or enforcing a restraint of trade.
4) Statutory Remedies
Besides common law remedies mentioned, employers can use dispute resolution measures in labor laws like the LRA and BCEA to address breaches and seek remedies.
3) Damages
Whether the contract is cancelled or specific performance is demanded, the employer is entitled to claim damages from the employee if the behaviour or negligence of the latter causes damages or losses. On the same basis the employer may claim damages from the employee if he abandoned his employment in a way which caused the employer losses. If the employee abandons the work and thereby does not complete his tasks, he will not be entitled to any remuneration
