Common law duties (eg trust and confidence) page 3 of 4

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


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.

Senior public official loses breach of contract case

A state government that lost confidence in its mining warden did not breach his employment contract when it removed him from office, nor did it contravene trade practices laws when it originally offered him the role, a court has ruled.

Court refuses pre-case discovery to back confidence breach suspicions

The Federal Court has refused to compel three employees to hand over documents to their former employer to help it decide whether to sue them for breaching contract and corporations laws, finding the company had failed to make enough inquiries of its own before seeking discovery orders.

Bungled HR investigation breached contract: Full court

A shipping company breached an officer's contract of employment and failed to follow its discrimination policy when it conducted a flawed investigation into alleged bullying by her captain, a full Federal Court has ruled.

After Barker, lawyers turn to implied duty of good faith

Employee lawyers are reframing contract of employment claims to include a duty of good faith in the wake of the High Court rejecting an implied duty of trust and confidence, but face an uphill battle to entrench the principle in Australian law, according to some senior academics.

Summary dismissal in the eye of the beholder: Court

The NSW Supreme Court has ruled that the ANZ Bank did not need to prove that an executive leaked a doctored email to the media before sacking him without notice, only that it had formed the "opinion" that he had.

Employee's "flagrant" copyright breach costs him $50,000

A software engineer breached his employment contract, his equitable duty of confidence, the Copyright Act and the Corporations Act when he downloaded more than 380,000 of his employer's files onto a hard drive, just before he resigned, a court has found.