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Commonwealth Bank of Australia v Barker

[2014] HCA 32
Judgment date
Case number
A1/2014
Before
French CJ, Kiefel, Bell, Gageler, Keane JJ
Catchwords

Contract – Employment contract – Implied terms – Employee's position made redundant – Employer's conduct denied employee opportunity of redeployment – Whether term of mutual trust and confidence should be implied by law in employment contracts.

Words and phrases – "duty of cooperation", "employment contract", "employment relationship", "necessity", "relational contract", "term of mutual trust and confidence", "terms implied by law", "terms implied in fact".

Files
32.rtf (535.96 KB)
32.pdf (223.15 KB)