What rights does an employer have to suspend an employee in the UK?
During an investigation into an allegation of misconduct against an employee, an employer may wish to suspend the employee from work if there is, for example, a potential threat to the business or other employees or individuals, or where it is not
An employee who claimed that the employer breached implied contractual terms of cooperation and good faith has failed in proceedings before the Federal Court of Australia. The Court ruled that neither of the implied terms relied on by the employee were part of Australian law.
The case is the first to consider the applicability of these implied terms since the decision by the High Court in Barker and confirms the difficulty which confronts any plaintiff employee in Australia seeking to rely on general implied terms as a basis for complaining about the behaviour of the employer.
A Full Court of the Federal Court of Australia has handed down a majority decision upholding the previous finding of a single judge of the Federal Court that, implied into every Australian employment contract, in the absence of express exclusion, is a term of mutual trust and confidence (Term).
The decision has resolved