Duty of Care
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This is an important issue for many employers, particularly with senior staff contracts. Examples of clauses are given below:
Clause 1 Confidentiality
1
You will not (except in the proper course of your duties hereunder) use
or divulge or communicate to any person any confidential information which
belongs to the Company or any supplier of the Company.
Such confidential information includes but is not limited to information
concerning the business, accounts, finance or contractual arrangements, market
or production research, product development, information about goods and
services brought in from suppliers and information about customers of the
Company which may come to your knowledge and whether or not received by you
directly or indirectly during the course of your employment with the Company.
2
On termination of your employment for any reason, you are required to
deliver, to the person to whom you are responsible, all documents relating to
the Company and not keep any copies of the same.
3
You will not to induce or seek to induce by any means involving the
disclosure or use of confidential information any customer to cease dealing with
the Company or to restrict or vary the terms upon which they deal with the
Company.
4
The obligations under this section shall continue without limit of time
notwithstanding the termination of your employment under this Agreement.
Clause 2 Duty of Care and Confidentiality
1
The Manager shall take care of all Company property under his control.
The Manager shall not improperly use or divulge any confidential
information relating to the affairs or business of the Company or any other
confidential information he may have received or obtained while in the service
of the Company.
2
The Manager further agrees not to induce or seek to induce by any means
involving the disclosure or use of confidential information any customer to
cease dealing with the Company or to restrict or vary the terms upon which
they deal with the Company.
The
obligations set out in 1 and 2 shall continue without limit of time
notwithstanding the termination of the employment of the Manager under this
Agreement.
An example standard clause is included in the sample Managers' Contract.