In addition to the duties which are expressly set out in an employment contract, employees and employers have implied duties and responsibilities which also form part of the employment relationship. For example, both employer and employee have a mutual duty of trust and confidence to each other.
Employee duties include a duty to serve the employer with good faith and fidelity, a duty to obey the employer’s lawful and reasonable orders and a duty to exercise reasonable skill and care.
Employer duties include a duty to pay wages, a duty to provide a suitable working area and a duty to take reasonable care of employee health and safety.
Other duties may be implied into the employment contract in specific circumstances, for example duties arising out of custom and practice or duties that must be implied to give business efficacy to the contract.