
I know who did it! – Is it my duty to disclose to my employer?
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This question arises often in the workplace and employees are faced with a serious conundrum. Do I tell my employer, or should I just keep my nose out of my fellow colleague’s business?
To keep the answer short and simple – yes, you must! By failing to disclose any knowledge you have of acts of misconduct, by your fellow employees, to your employer is in itself an act of misconduct. As such, you too can be held liable for withholding pertinent information from your employer! Such acts, and/or omission to act, whilst privy to the acts of misconduct by another in the workplace, breaches your common law obligation of good faith owed to your employer, which could lead to a breach of the trust upon which the employment relationship is founded.
To keep the answer short and simple – yes, you must! By failing to disclose any knowledge you have of acts of misconduct, by your fellow employees, to your employer is in itself an act of misconduct. As such, you too can be held liable for withholding pertinent information from your employer! Such acts, and/or omission to act, whilst privy to the acts of misconduct by another in the workplace, breaches your common law obligation of good faith owed to your employer, which could lead to a breach of the trust upon which the employment relationship is founded.

