EMPLOYER'S DUTY OF CARE

Employer's Duty Of Care

Employer's Duty Of Care

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

The relationship between employer and employees determines the success of a company to a large extent. An employee owes his loyalty and obedience to his employer. He must be honest with her employer and must do his best in his work as he is bound by the contract he signed at the time of his appointment. The employee is supposed to be following all lawful orders given and clearly from his employer and any deviation or breach of duty is punishable under the law as well. Thus, the employee is bound by rules and regulations in the workplace and is liable to a penalty or sanction for violation of any kind(www.scalaw.com).

On the other hand, the employer is also required to observe certain conditions in the workplace with employees to act as he must be very clear in giving instructions and orders to its employees, otherwise there is every chance of employee to make mistakes in their work. Thus, the employer and the employee must perform their share of law in the best interest of the company and attract more customers. the atmosphere at the place of great importance to employee performance and neither party should not be attacked by the other(www.cengage.com). Their social circles and other spheres of life also contribute to the success of the company, because they will help the company expand from their friends and help the business grow. So the inter-relationship between employer and employee is of paramount importance. There should be healthy relationship between the management skills of the employer and the perfect knowledge of the employee in order to increase the prosperity of business(Segal, 1994).

In the above case Herman asked Jake just to change the oil and not check the brakes, tires, transmission etc. But Jake claims he is a certified mechanic and he is supposed to take its place as a mechanic and certified in these circumstances it is right to do what he did. Jake seems to have violated the limits of his job because he disobeyed his employer by not following what he was instructed to do so. Thus, what is right and what is evil must be decided by the jury. In this situation, when Jake is working to change the cars' Herman without oil, it seems that it is within the scope of employment(Halbert & Ingulli 2010). Jake has offered a free service with oil change, but not controlled by Herman, is really beneficial for the company, but the time invested in this work further influences the speed of the work authorized by Jake. But it has attracted more customers and should be considered compensation for the reason that the free oil change is to encourage owners of the car to go shopping for items on display at the premises of Herman, who is the main business activity ...