Australia: Implied terms in employment contracts: “Good faith and fair dealing” — son of “trust and confidence”? The jury (and the judges) are still “out”…

As is generally known amongst workplace law or relations practitioners, on 10 September 2014 the High Court decided in Commonwealth Bank of Australia v Barker [2014] HCA 32 that there is no term of “trust and confidence” implied by law in employment contracts in Australia, but left open the possibility that there may be an implied term of “good faith” in all contracts, including employment contracts – see [42] per French CJ, Bell and […]

By | April 21st, 2015 ||

United States: Accommodating A Disabled Employee

Q: Our receptionist is out of work due to a back injury. He wants to return to work, but his doctor ordered him not to sit for more than thirty minutes at a time. Instead of asking to stand at his desk, he applied for the available office manager position within our company. He has only been out of college for one year and does not have any managerial experience. Can he sue us […]

By | April 20th, 2015 ||

Canada: Federal Employers: Just Because You Paid Them, Doesn’t Mean They Can’t Complain About You

Earlier this year, the Federal Court of Appeal (FCA) settled the much debated question of whether part III of the Canada Labour Code (the Code) permits dismissals on a without cause basis. In February 2015, we discussed Joseph Wilson v. Atomic Energy of Canada Limited (Joseph Decision), wherein the FCA confirmed that federally regulated employers may dismiss non-union employees without just cause, despite the “unjust” dismissal provisions contained in the Code. Notably, the FCA […]

By | April 20th, 2015 ||