LAW

Role of Breach of Duty in English Law

Role of Breach of Duty in English Law

Introduction

There are different duties assigned to employees in the course of an employment. They are required to abide by them since the duties are binding. A comprehensive contract formation is the first and foremost consideration in the inception of employment (Anon, 2013).

Both the employees and employer need to give the contract utmost importance since it is implemented on a rigorous basis. The seriousness of contract must not be undermined since the implications in the context of contract are far reaching. It forms a binding agreement for both the employees and employers.

In the case of breach of duties on the part of employees, employers have the right of filing a lawsuit against them. Employees cannot get away from legal penalties since they agreed with the contract conditions at the time of signing (Anon, 2013).

Thus they are bound by the contract and will be held accountable for the violation of their duties. Since the duties are clearly mentioned as well as the consequences of violating them, employees are made aware of the consequences at the start.

The contract clearly lists the authoritative powers enjoyed by the employee as well as the things which constitute a violation of his duties. We would consider the breach of duty committed by Mr. Swift as well as advising the company about the payment of introductory fee.

Discussion

Introductory Fee

Compusolutions are not liable to pay the introductory fee since the employee was acting in violation of his duties. Computer Services should have employed proper investigation in order to ascertain the true nature of job description pertaining to that employee. All the intricacies pertaining to the contract were formulated and approved by Mr. Swift and thus the organization is not accountable for his actions. Since the doctrine pertaining to payment of introductory fee was approved by Mr. Swift without the consent of his organization, the organization is not directly accountable for the payment of introductory fee (Williams, 2010).

Companies Act & Employment Act

According to the Companies Act, the director is responsible for safeguarding the interests of the organization. Any act of the director that clashes with the interests of the organization will constitute a legal penalty for the director. Since in this case Mr. Swift constitutes of being a counterfeit director, thus all actions of him are in complete contrast with his organization. He is guilty of violating his duties and not only fooling his own organization but also through his false credentials is making the other Organization to believe in his false job description (Lowry, 2006).

The dispute of introductory fee is clearly out of Compusolution's hands since it has not been approved by the Organization. Rather it is a result of Mr. Swift and thus he is the sole person responsible for paying the introductory fee. The legal doctrines state that the organization is not responsible for any act committed by the employees in the violation of their ...