a) Duty of fidelity and good faith
The duty of fidelity and good faith is a broad duty which imposes a range of sub-duties on the employee. Examples include the following:
- Not to compete with the employer
- Not to solicit existing customers of the present employer to new employer whilst still being employed by the present employer
- To disclose the misconduct of other employees
In relation to industrial actions, employees should bear in mind when they participate in any form of industrial action designed to disrupt the business of the employer , they may be in breach of their implied duties of good faith. Having said that, employees are protected by section 9(2) of the Employment Ordinance which expressly states that an employee taking part in a strike would not entitle the employer to terminate the contract of employment. Some other types of industrial action (such as work-to-rule) are not addressed in legislation, so their legal status will depend on the circumstances of the case.
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