Implied terms and conditions of employment and enforcement

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Custom and practice in the workplace; the implications

Posted by Fair Work Legal Advice

· Sunday, March 18th, 2018

“It is convenient to set out the four principles enunciated by the High Court concerning the circumstance in which custom…

Implied terms of employment contracts

Posted by Fair Work Legal Advice

· Thursday, October 5th, 2017

There is much legal controversy about when and what to imply into employment contracts. The High Court has somewhat…

Employer duties in Australian contract law; shameful?

Posted by Fair Work Legal Advice

· Sunday, April 30th, 2017

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

High noon at the OK corral; reasonable notice of termination

Posted by Fair Work Legal Advice

· Sunday, October 30th, 2016

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

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

Posted by Fair Work Legal Advice

· Sunday, February 21st, 2016

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

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

Posted by Fair Work Legal Advice

· Monday, August 24th, 2015

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

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

Posted by Fair Work Legal Advice

· Monday, July 20th, 2015

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

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

Posted by Fair Work Legal Advice

· Tuesday, May 19th, 2015

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

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

Posted by Fair Work Legal Advice

· Sunday, April 19th, 2015

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

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

Posted by Fair Work Legal Advice

· Wednesday, April 8th, 2015

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

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