Essay On Duty Of Confidentiality

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In all contracts of employment, there are unexpressed terms, i.e implied duties which require both employers and employees to perform within the employment relationship. When employee or employer breaches the duties, the court will intervene to imply terms into the contract of employment to secure the benefits of either party with an outcome of termination of employment contract. The implied terms in the contract of employment we will examine in this essay are contractual duty of confidentiality and duty of mutual trust and confidence. Every employment contract contains an implied term, i.e. duty of fidelity which requires employees to have regard to their employer's interests. It consists of a few potential aspects where duty of confidentiality is one of them. It generally prevents employees from disclosing employers’ confidential information or trade secrets to third parties or using the information for their own purposes during the…show more content…
The whole matter is scrutinized before judging whether one has breached his duty of confidentiality because the confidentiality of the information will determine whether there is an extension of duty on the employees’ side after the cessation of the employment contract. The employer will use this duty to protect them from losing exclusive possessions of confidential information, increasing competition and thereby declining in profits in all similar incidents. On the other hand, the employees can use from being dismissed on the ground of the exploitation of this term by employers. However, it is mostly used by the employers and we conclude that the judge is most likely to be in favour of the employers because the employees’ actions have always fulfilled the elements and circumstances stated above. Duty of mutual trust and

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