High Court of Australia

Commonwealth Bank of Australia v Barker [2014] HCA 32

88 ALJR 814; 312 ALR 356

10 Sep 2014

Case Number: A1/2014


French CJ, Kiefel, Bell, Gageler, Keane JJ


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".


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