A state government that lost confidence in its mining warden did not breach his employment contract when it removed him from office, nor did it contravene trade practices laws when it originally offered him the role, a court has ruled.
Employee lawyers are reframing contract of employment claims to include a duty of good faith in the wake of the High Court rejecting an implied duty of trust and confidence, but face an uphill battle to entrench the principle in Australian law, according to some senior academics.
Stevedoring giant DP World was entitled to summarily dismiss an MUA delegate who called a colleague a "f--king lagger" and instructed another worker to lie in a related investigation, and the sacking did not amount to adverse action, the Federal Court has ruled today.
The Fair Work Commission has rejected a second attempt by electricity distributor Essential Energy to move some managers and senior technical employees from an enterprise agreement to individual contracts, ruling that the "common understanding" of the agreement's coverage clause overrides its literal meaning.
A Federal Court full bench has overturned a lower court's interpretation of an employment contract, finding that it had wrongly taken account of the parties' conduct after it commenced.
A court has ruled that a company did not breach its contractual duty of care for an employee who was injured in an assault during a Christmas party cruise.
A Supreme Court appeal bench has upheld a ruling that a local council's chief executive was not covered by an award and was therefore entitled to 12 months' notice of dismissal.
A financial controller sacked by a global shipping company will recover more than $1m after a court ruled she was entitled to ten months' notice of termination of her employment and long service leave based on her full salary package.
Both sides are claiming victory in the contractual tug-of-war over veteran programming executive John Stephens, following the NSW Supreme Court's refusal to grant the Ten Network an injunction to stop him taking up a new role with the Seven Network.
In one of the most significant employment law cases in the last hundred years, a former Commonwealth Bank executive asked the High Court on Monday to balance the "ledger" by recognising the existence of an implied term of trust and confidence in all Australian employment contracts, while the bank warned it against adopting English law.
