ARTICLE · 18 MARCH 2015

Restructuring and Employment Law – Part 3

Watkins Tapsell

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The article examines how the implied term of "good faith" could impact your employment arrangements and negotiations.

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The Loss of Mutual Trust and Confidence Part III – The implied term of "good faith" in Employment Law and how this may impact your employment arrangements and negotiations

In our previous blog, The Loss of Mutual Trust and Confidence Part I- restructuring and terminating employees, the issue was raised that the Barker decision has led to a situation in which employees are now pursuing claims against employers for a breach of the implied term of "good faith" and accordingly, a breach of contract.

"Good faith" in contract law, is a general presumption that the parties to a contract will deal with each other honestly and fairly, so as to not destroy the right of the other party or parties to receive the benefits of the contract.

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