The erosion of the implied term of mutual trust and confidence in Australian employment law: are common law and statute necessarily uncomfortable bedfellows?
Article
Article Title | The erosion of the implied term of mutual trust and confidence in Australian employment law: are common law and statute necessarily uncomfortable bedfellows? |
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ERA Journal ID | 33206 |
Article Category | Article |
Authors | |
Author | Sundra-Karean, Vanitha |
Journal Title | Common Law World Review |
Journal Citation | 45 (4), pp. 275-297 |
Number of Pages | 23 |
Year | 2016 |
Place of Publication | London, United Kingdom |
ISSN | 1473-7795 |
1740-5556 | |
Digital Object Identifier (DOI) | https://doi.org/10.1177/1473779516669680 |
Web Address (URL) | http://journals.sagepub.com/doi/pdf/10.1177/1473779516669680 |
Abstract | Although the implied duty of mutual trust and confidence has long been established as an implied term in employment contracts under English common law, the Australian High Court has recently ruled that it is not part of the common law regulating employment contracts in Australia because the implication of such a term was better regulated under statute. While it is acknowledged that legislation is most effective in regulating substantive employment rights and |
Keywords | mutual trust and confidence, employment law, implied terms, common law and statute coherence, Dworkin, Australia, UK |
ANZSRC Field of Research 2020 | 480104. Labour law |
Public Notes | Third place winner for the USQ School-Specific 2016 Publication Excellence Awards for Journal Articles - School of Law and Justice. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q3wx7/the-erosion-of-the-implied-term-of-mutual-trust-and-confidence-in-australian-employment-law-are-common-law-and-statute-necessarily-uncomfortable-bedfellows
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