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The Duty of Trust and Confidence has no place in Australian employment law
Recently the High Court of Australia held that Australian employment contracts are not subject to the implied mutual duty of trust and confidence. Background The Commonwealth Bank of Australia appealed the decision of the Full Federal Court (http://nationalworkplacelawyers.com.au/8/News/view/113/Implied-term-of-trust-and-confidence-confirmed-by-appeal-court) which had previously found that there exists in employment contracts in Australia an implied duty of trust and confidence. The High Court was asked to answer the following question: "..[whether] ....under the common law of Australia, employment contracts contain a term that neither party will, without reasonable cause, conduct itself in a manner likely to destroy or seriously damage the relationship of trust and confidence between them." ...
18 September 2014If you're not a national system employer, your employees do not have rights under the Fair Work Act 2009 (Cth)
The Federal Court of Australia (the Court) recently found that international cabin crew employees who were employed by foreign entities that worked on international Jetstar flights flying to and within Australia are not covered by the Fair Work Act 2009 (Cth) (the Act) and the Aircraft Cabin Crew Award 2010 (the Award). Background Jetstar used a combination of Australian and overseas residents as cabin crew on its aircraft for international services. Two foreign entities in Thailand and Singapore had arrangements with Jetstar to provide Jetstar with cabin crew (foreign cabin crew) from Thailand and Singapore. The foreign cabin crew would fly to and from Australia on Jetstar's international services. They also sometimes worked on flights between Australian cities as part of Jetstar's international operations. Proceedings were brought by the Fair Work Ombudsman (the Ombu...
7 August 2014Do workplace Investigations by lawyers attract legal professional privilege?
The Federal Circuit Court (the Court) recently found that an employer waived legal professional privilege attaching to a report produced by the employer's lawyers. The report was produced following a workplace investigation. The employer's decision to terminate the employment of the employee arose from the findings in the report. Background The employee brought a general protections application alleging, amongst other matters, his employment was terminated because he had exercised a workplace right. The employee made an application, as part of those proceedings, for the disclosure of material including the lawyer's investigation report. Doutta Galla Aged Services Ltd (the Employer), defended the application on the basis that the report was subject to legal professional privilege and as such, was not required to be disclosed. Prior to terminating the employment of the employee, the Employer, arrange...
4 August 2014