Question
Alistair is a procurement officer at Kissburg Limited (KL), a manufacturer of baking equipment. Having worked there for 15 years, he has decided to leave
Alistair is a procurement officer at Kissburg Limited (KL), a manufacturer of baking equipment. Having worked there for 15 years, he has decided to leave the company and work for another baking equipment manufacturer. Last week, he notified his manager, Bianca, of his intention to leave.
He has a notice period of three months. Yesterday, Bianca told Alistair that he should work from home during his notice period. Alistair has access to the company's manual for its highly successful, prize-winning dough mixer. Although Bianca has informed Alistair several times during his employment that the manual is highly confidential, Bianca is worried that he will take this information away with him. In Alistair's employment contract is the following clause:
7.1 'The Company may, at its absolute discretion, require the Employee not to attend at work and/or not to undertake all or any of his duties hereunder during any period of notice (whether given by the Company or the Employee), provided always that the Company shall continue to pay the Employee's salary and contractual benefits. For the avoidance of doubt, there is no obligation on the Company to provide the Employee with any work during any period of notice and the Employee will not be entitled to work on his own account or on account of any other person, firm or company during that period.'
On the 1st of March 2021 Alistair signed an agreement as Procurement Specialist with Next Technology Baking Company with a start date of 1st June 2021. On the 1st of April 2021 before he was due to start, the HR Manager Betty contacted him and informed him that he would only be able to start on the 1st of June if he is vaccinated against the Covid-19 virus and that he must show proof of such vaccine. Alistair being a devout Catholic, has refused to take the vaccine due to religious and other reasons. During his conversation with Betty, he pointed out that such requirement was not included in the contract of employment and therefore he cannot be forced. Betty informed his that it is now a requirement of the company due to Health, Safety and Welfare reasons.
Using relevant authorities:
(a) advise Alistair on the effect and enforceability of clause 7.1 of this
employment contract.
(b) advise Alistair whether he has any implied duty in relation to the
company's manual after he leaves the company.
(c) advise Alistair whether he has to take the vaccine in order to start his new job at KL (take into consideration advice given by professionals in Trinidad and Tobago on this issue)
please use the ilac method.
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