Friday, 11 April 2008

Fidelity and good faith

You won't find the duty of fidelity and good faith to the employer as a heading in your agreement or contract. You will, however, often find potential issues arising from that duty enumerated in organisational policies or 'Codes of Conduct.'

The duty of fidelity and good faith imposes a responsibility on employees to refrain from conduct that might injure the employer's business. Commonly this translates into matters of confidentiality and (alleged) negative comments about the employer.

The duty is affected, of course, by some of the special circumstances of the university context — academic freedom (for academics, anyway) being the most striking example. And, in public institutions there may some duties as a public servant that affect the duty of
fidelity and good faith to a particular organisation.

There was a useful article on "Your Duties to Your Employer,"
by APESMA Industrial Officer, Katrina Lovett. (While the original article seems to have become unavailable, I have reproduced a relevant excerpt.) But you should be aware that the issues can be complex and where questions arise it's essential to get
advice appropriate to the university sector. (Your union is your most likely source.)

At the same time there is a mutual
'obligation of trust and confidence.' That, however, will have to be a topic for another day. ▪

The real world is not easy to live in.

It is rough; it is slippery.

Without the most clear-eyed adjustments

we fall and get crushed.

A man must stay sober: not always, but most of the time.

—Clarence Day (1874-1935)