LAW ESSAY

Law Essay

Law Essay

1- Referring to the situation Roscius Components Ltd can legitimately defend its employment requirement with a disclaimer notice and undertaking by all employees. As the specialized carbon-fibre product its working on has been developed by research and development of years and so has to be protected under trade secret and intellectual property rights that the company has. The employees including Mowena should understand that by law Roscius can fully implement this law for the protection of the company. Mowena has violated the law by joining skyjet a competitor in the business, her employment contract requires her to provide a three month notice firstly and then abide by the new disclaimer agreement for not working with any firm that has anything to do with an airline.

Roscius's case is different from that of William Hill Organisation Ltd. v Tucker where the employee was the senior dealer in a spread betting business whose contract of employment required him to work those hours necessary to carry out his duties in a proper and professional manner and incorporated a handbook which provided that the employer was prepared to invest in its staff to ensure that they had every opportunity to develop their skills. When the employee gave notice to terminate his employment, the employer suspended him from his post for the duration of the six-month contractual notice period without stopping his salary and other contractual benefits. The judge refused the employer's application for an injunction restraining the employee from entering into employment with a competing business or acting in breach of his obligation of good faith and fidelity to the employer during that period. In Roscius's case firstly Mowena resigned after the announcement of a disclaimer agreement related to competition. Secondly, not signining the agreement and after coming to know about the a certain employment clause she resigns all adds up to a violation of her updated employment contract. Roscius's case encapsulates the idea that based on a legal updation in the employment contract the event took place however, in William Hill Organisation Ltd. v Tucker the employee did not walk out and resigned on the basis of a employment contract violation. So Roscius can apply for injunction of Mowena from Skyjet. In normal circumstances when an employee has given notice of termination of his work, the employer removes him from his position at the time of six months' notice on contracts, not stopping his salary and other contractual benefits. The judge denied the request of the employer for a ban on restraining the employee from entering into employment with a competing business or acting in breach of its obligations of good faith and loyalty to the employer during that period. Held, dismissing the appeal that on its true construction of the labor contract imposes an obligation on the employer permits the employee during the period of notice, to perform the duties of specific and unique post to which he was appointed, where the skills necessary for the proper performance of ...