RIS ID
97123
Link to publisher version (URL)
Abstract
[not published: supplied by author] Although the implied contractual duty of employees to serve with fidelity and good faith has long been recognised, its origins have been unclear. It is usually dated from a series of cases in the late nineteenth century. It has been contended that this duty is really a transmogrified form of fiduciary duty. This article shows that the duty of fidelity is not only considerably older than usually recognised, but has been formulated by the courts in a consistent manner and relying exclusively on contract principles. Recent decisions which distinguish contractual and fiduciary obligations are not only well-founded in history and doctrine, but reflect the common law’s abiding recognition of legitimate interests of both employer and employee.
Publication Details
A. Frazer, 'The employee's contractual duty of fidelity' (2015) 131 (1) The Law Quarterly Review 53-77.