Employer duties in Australian contract law; shameful?

Is there a contractual obligation on Australian employers not to make life so difficult for an employee that he or…

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High noon at the OK corral; reasonable notice of termination

High noon at the OK corral; reasonable notice of termination There is a judicial stand off in Australia at the…

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Gardening leave; unfair dismissal or an employer’s right?

It is generally believed by employers that they have the right to send an employee on “gardening leave” either when…

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As clear as mud; Corruption, Crime and Misconduct Act (WA) and local government obligations

On 1 July 2015 the Corruption, Crime and Misconduct Act (WA) was substantially amended with the objective of beefing up…

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What is good for the goose is good for the gander; implied contractual terms

The circumstances in which an employer’s internal employment policies will constitute a binding code upon the manner the employer follows…

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To act in good faith; an implied term of employment contracts?

The High Court’s majority decision in September in CBA v Barker to the effect that Australian law does not recognize…

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Holier than though; watch out; the pen can indeed be a mighty

The Australian courts, it seems to me, are more likely that those of the UK to imply contractual obligations upon…

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If it goes without saying, does it? Implying terms into contracts of employment

In Commonwealth Bank of Australia v Barker [2014] HCA 32; (2014) 88 ALJR 814; (2014) 312 ALR 356 French CJ,…

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The luck of the draw; tiny factual differences mean massive difference in payouts

A former CEO of a company has succeeded in a claim for a massive redundancy payment on the basis that…

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Stunning news; no general duty of good faith implied into employment contracts

The Federal Court has ruled that despite the question having been left open in Barker’s Case, there is no general…

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