Tag archives: implied term

Contractual Duty of Cooperation

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 … Continue reading

Implied term of mutual trust and confidence? Appellate court ends the debate (for now)

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 a long … Continue reading