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Information Technology

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Duty statements

A duty statement is a brief statement of the duties you will be required to perform as part of your job. It is usually part of a job offer package and you will be required to sign it.

Duty statements are not as detailed as employment contracts.

Your duties to your employer

There are a number of implied duties, additional to those specified in an employment contract, award or agreement, owed by an employee and, importantly, if these duties are not fulfilled, the employer may be entitled to seek both compensatory and exemplary damages.

1. The duty to obey orders and cooperate.
   
   Although an employer cannot lawfully require an employee to do that which the employee was not contracted to do, there is a vast spectrum of matters that are not stipulated in the contract of employment but which are within the employer’s managerial prerogative.
   
   
2. Duty to use care and skill and to indemnify.
   
   An employee must perform their work with a reasonable degree of competence or skill, the requisite standard varying according to the type of work.
   
   
3. Duty of fidelity and good faith.
   
   This duty includes, but is not limited to, rendering faithful service to the employer, refraining from wilfully damaging the employer’s interests, and respecting the confidentiality of certain categories of information acquired in the course of employment. Breaches include stealing, divulging confidential information and externally emailing derogatory comments about the company.

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