Commonwealth Bank of Australia v. Barker

Lower Court Judgment

6/08/2013 Federal Court of Australia (Jacobson J, Lander J, Jessup J)

[2013] FCAFC 83

Catchwords

Contract law – Employment contracts – Implied terms – Whether common law requires employment contracts contain implied term that employer will not, without reasonable cause, conduct itself in manner likely to destroy or seriously damage relationship of confidence and trust between parties – Whether, if so, to what extent implied term requires employer to take account redundancy of employee’s position prior to making decision to terminate, particularly in circumstances where express contractual right of termination on notice exists – Whether, if so, damages are available for breach.

Short Particulars