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Implied terms in employment contracts. Seminar paper. June 2016
Seminar Paper
Call No:
F KN 192.1 W 1
Melbourne, Vic.: Television Education Network (TEN)
Implied terms in employment contracts post CBA v Barker where to now? -- Introduction -- Implied terms in employment contracts and the employment relationship -- Implied duty of mutual trust and confidence -- The impact of CBA v Barker [2014] HCA 32 -- The duty of trust and confidence - does it exist at all now? -- Is there now no action for damages for breach of implied trust and confidence? -- Can an employer dismiss an employee for a breach of trust and confidence now? -- Will other implied terms cover the gap now? -- How should certain express terms now be drafted? -- Can implied term of trust and confidence still be implied by fact? -- What about other implied terms? -- Is there an implied duty of good faith? How far should it go? -- Recent cases -- Concluding comments
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