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ARTICLE · 28 DECEMBER 2014

Our "TOP 10" Employment, Workplace & Safety issues from 2014

Corrs Chambers Westgarth
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The article discusses issues of contracts, bullying, sexual harassment and other employment decisions and legislation.

AustraliaEmployment and HR
Janine Young
Janine Young
John Tuck
John Tuck
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1. IMPLIED TERM OF TRUST AND CONFIDENCE? HIGH COURT SAYS "NO" ...

After many years of uncertainty, the High Court finally clarified in September that there is no implied term of mutual trust and confidence in employment contracts under the common law in Australia.

The High Court's decision in Commonwealth Bank of Australia v Barker[1] closes off the implied term as a potential cause of action for employees seeking redress against various forms of adverse or unreasonable treatment by employers.

However, the High Court left open the possibility of the implied term of good faith as a basis for such claims, and there is already some evidence that lawyers representing employees are exploring this option.[2] Of course, employers also need to remain mindful of possible claims under the unfair dismissal, anti-bullying and general protections provisions of the FW Act, as well as health and safety and anti-discrimination legislation.

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