Legal
Issue No. 23 - June/Nuly 2005
that’s the boss’s [orders]
by Michael Hegarty
You pay your employees good money. Does this mean that they have to whatever you tell them to do?
Are there any limits on what you can require of them?
Employees have a general duty to follow their employer’s directions. As a general rule, if they fail to do what they are told to do they can
be disciplined.
However, while some situations are clear-cut, others are far from straightforward.
For example, a personal assistant may be employed to assist a busy manager. Is it acceptable for that person to be asked to clean the toilets or to take over the reception desk at lunch time or when the regular receptionist is ill? Is it appropriate for an employer to direct a personal assistant, using the employer’s money, to go to the local deli and buy their employer’s lunch?
Can the employer direct the employee to run down to the shop to buy a birthday present for the employer’s partner? Does it make any difference whether the employee is a clerk, apprentice or a more senior employee?
An employee cannot be required to do something that is illegal. Similarly, if an employer directs an employee to undertake a task that is likely to lead to injury, the employee can refuse to follow that order.
When it comes to workplace safety, employees have to take some responsibility for their own safety and for the safety of others. An employer has a right to direct an employee to use safety equipment provided by the employer that is necessary for the protection of the employee. If the employee fails to comply with such an instruction he or she can be disciplined.
If an employee becomes aware of confidential information relating to the employer’s business, the employer can direct that the information not be disclosed, particularly to business rivals.
Likewise an employer can direct employees not to disclose information about clients, particularly sensitive information held by an employer on
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