Practitioners advising on employee fiduciary duties should note that ad hoc arrangements permitting an employee to receive commissions on specific transactions do not establish a general implied consent to self-interested dealing outside the employer's core geographic area. Where an employee seeks consent to operate a side business, the scope of that consent will be strictly construed, and market appraisals performed using the employer's resources and letterhead remain within the employer's business regardless of any separate invoicing arrangement through the employee's own company.
The full text is available to signed-in members, including the 1 later case that cites this judgment.