Duties and Obligations of Employers and Employees
Section 4 states that the parties must deal with each other in good faith. In Telecom South Ltd v Post Office Union (Inc)(1991) the contract of employment was described as "a special relationship under which workers and employers have mutual obligations of confidence, trust and fair dealing." A contract of employment is not the same as a commercial contract as it resembles a fiduciary relationship in some ways. When the ERA was introduced in 2000 the Government's policy statement stated that it is
... based on the understanding that employment is a human relationship involving issues of mutual trust, confidence and fair dealing, and is not simply a contractual, economic exchange. This basis requires specific recognition of the relationship - something not satisfactorily achieved by general contract law.
Read more about this topic: Employment Relations Act 2000
Famous quotes containing the words duties, obligations, employers and/or employees:
“If property had simply pleasures, we could stand it; but its duties make it unbearable. In the interest of the rich we must get rid of it.”
—Oscar Wilde (1854–1900)
“Whoever takes a view of the life of man ... will find it so beset and hemm’d in with obligations of one kind or other, as to leave little room to suspect, that man can live to himself: and so closely has our creator link’d us together ... that we find this bond of mutual dependence ... is too strong to be broke.”
—Laurence Sterne (1713–1768)
“It is ... pathetic to observe the complete lack of imagination on the part of certain employers and men and women of the upper-income levels, equally devoid of experience, equally glib with their criticism ... directed against workers, labor leaders, and other villains and personal devils who are the objects of their dart-throwing. Who doesn’t know the wealthy woman who fulminates against the “idle” workers who just won’t get out and hunt jobs?”
—Mary Barnett Gilson (1877–?)
“I have said many times, and it is literally true, that there is absolutely nothing that could keep me in business, if my job were simply business to me. The human problems which I deal with every day—concerning employees as well as customers—are the problems that fascinate me, that seem important to me.”
—Hortense Odlum (1892–?)