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Employee’s Duty of Care

Andrea Sanders

Assignment # 3

May 15, 2011

Explain whether Jake’s actions are in or out of “his scope of employment
Jakes actions are part of his employment as oil change is part of servicing. Apparently Jake has been working overtime resulting in fatigue, falling level of alertness and possibly leading to his injury. His age has also contributed to his injury as his arthritis would have caused impediments to free movement of his body, and the constrained movement would have contributed to his injury. However Jake cannot blame Herman for his problems arising partly out of his own lack of care, more importantly as he is in a manger cadre and senior staff who is expected to guide others under his control. This sends out a wrong signal to Herman as well as his own colleagues and juniors.

Jake being now in the management cadre cannot ask for overtime and has to do the job of oil change that is within the scope of service manager’s responsibility. However Jake can demand Herman to provide additional staff to take on the additional tasks of free oil change for his cars. Jake should also insist on a work measurement study and implementing systems to measure quantum of work output and link it to compensation, to decide on the quantum of work that can be expected from one worker and manager, during a normal work day and come up with methods of meeting the additional work load through additional hands. Jake should ask the question, if his day to day job is reflecting his managerial position given to him by Herman, and if there is misalignment between tasks he has to carry out and the title conferred by Herman. He should get it annuled by Herman or revert to his old position of worker so that he can enforce rights of hours of work, demand overtime for additional hours of work, compensation for injury or assign workers to work under

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