CBA set to appeal Barclay decision

In our article on 12 September 2012, we outlined the Federal Court decision of Barker v Commonwealth Bank of Australia (CBA) (read the related article here).

The decision gave further recognition of the existence of an implied term of trust of confidence in contracts of employment in Australia. The decision further confirmed that damages may be awarded as a result of an employer breaching the implied term of trust and confidence.

The CBA has filed and served an appeal in this matter against the orders made by the Federal Court based on the grounds that the Court erred in finding:

• there was an implied term of mutual trust and confidence in employments contracts;
• there was a serious breach of the redeployment policy giving rise to a breach of the implied term of trust and confidence; and
• the respondent was entitled to damages.

• It is expected that the for the appeal is expected early next year and we will continue to keep you appraised in relation to this matter.

In the meantime, If you would like more information about the case, please contact National Workplace Lawyers on +61 2 9233 3989. 

National Workplace Lawyers

Note — this is for information purposes only and does not purport to be comprehensive or to render legal advice.