Employment contracts and implied terms and conditions

At common law, there is no implied obligation upon an employer not to treat an employee unfairly. However there is…

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Custom and practice in the workplace; the implications

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

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Implied terms of employment contracts

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

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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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