Common law duties (eg trust and confidence) page 2 of 4

35 articles are classified in All Articles > Legal > Common law duties (eg trust and confidence)



Accountant fails to overturn restraint clause

An accountant, who agreed to sell his practice and its services over a four-year period will continue to be restricted from practising, after an appeal court rejected his argument that restraints of trade no longer applied.

Pre-trial deficiencies "commonplace" in adverse action claims: Judge

The Federal Court has rejected a major external service provider's bid for costs stemming from a failed adverse action and breach of contract claim, in a ruling that canvasses the "commonplace" difficulties parties can face when preparing for trial.


FWC flushes away employer's trust and confidence qualms

The FWC has reinstated a portable toilet delivery driver sacked for a safety breach, after rejecting his employer's claims that he shouldn't be returned to the job because it no longer had trust and confidence in him.


Look to Kiwi solution for good faith in employment: Riley

Australia could consider adopting a Kiwi-style statutory good faith obligation after the High Court's finding that there is no implied duty of mutual trust and confidence in employment contracts, according to a senior law academic.

Bank chief's contract incorporated redundancy policy: Court

A chief executive has been awarded more than $3m after a court found that his employer's redundancy policy was incorporated into his contract of employment, but his off-sider will take home nothing after failing to prove that the policy became part of his contract as part of a "course of dealings".

Employer's handling of bullying complaint "reasonable": Court

A university did not breach a lecturer's employment contract or its duty of care by failing to make progress with complaints he lodged against his superiors under the institution's grievance policy, a court has ruled.

Don't use inquiry to diminish industrial action protections: Academics

A group of leading IR academics has made a preemptive strike against any attempt to use the Coalition's "freedoms" inquiry to diminish the immunity from common law liability conferred by the Fair Work Act's protected industrial action provisions.