Chapter 2 Interactive key cases

The employers alleged that the claimants’ contracts were tainted with illegality because the way commission was allocated amounted to a fraud on the Revenue.

Where illegality is alleged, the burden of proof is on the party making the allegation to show that the contract had been entered into with the object of committing an illegal act or had been performed with that objective.

It was alleged that a sales manager had used confidential information when he set up a rival business.

The circumstances in which an employee can be prevented from disclosing confidential information are set out under ‘The obligation not to disclose confidential information’.

The claimant employees alleged that they had suffered damage as a result of the way in which the bank had conducted business prior to its collapse.

Employers must not destroy the mutual trust and confidence upon which cooperation is built without reasonable and proper cause.

A partially sighted employee suffered an injury which resulted in a further loss of vision.

The tortious standard of care that the law demands is that which ‘an ordinary prudent employer would take in all the circumstances’.

The claimants suffered losses as a result of the employer’s failure to inform them about their right to purchase added years of pension entitlement.

In certain circumstances, it will be necessary to imply an obligation on the employer to take reasonable steps to bring a contractual term to the employee’s attention.

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