In considering the facts above make some legal observations on the following

1908 Words Aug 16th, 2015 8 Pages
Swimmingpool Co Pty Ltd employs Martin as the manager of their Tasmanian sales division. Martin is to quote to potential customers the cost of installing the various pools that the company offers, to draw up any new contracts on behalf of the company and further to ensure that a deposit is paid by potential customers, monies which are then deposited in the company's bank account. Martin is on a fixed salary but his contract of employment allows for the payment of a bonus if he exceeds his annual target of signing new customers.
The company is very impressed with Martin in the first month of his employment; he has signed at least 20 new customers and work has begun on at least half of the new projects signed.
After the lapse of another
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Therefore, only under such a situation, the company can claim itself not liable for Martin’s actions.
3. Is Martin liable to his employer for any of his actions? On what basis in law would he be liable?
Since, the employer and the employee have both signed an underwriting that ensured that none of them would violate the right of another and each one of them would work with complete correspondence to each other so as to ensure maximum benefits, profits and utilization, Martin’s act of deceiving the company through miscommunication, poor guidance, poor quality, no customer satisfaction, hoarding up of money and setting up a whole new business in competition against the parent company is an illegal criminal act where he is to be questioned for his unworthy behavior and misconduct.
Since, the company has complainants and proofs, Martin is at risk here because the court would analyze the entire situation and claim him as a criminal. While signing an agreement, an employee has to ensure the company that none of his actions would come up with adverse reactions and that none of what he does would affect the company, offend the owner and employees or bring a bad word to the goodwill of the firm. Martin has gone so far that it would be impossible for the employer to forgive and forget because if a person does something once, there are very high chances of him doing the very same thing again as well or something

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