The Boundaries of Mutual Trust and Good Faith

Riley, Joellen

Abstract

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The Boundaries of Mutual Trust and Good Faith

Joellen Riley

University of Sydney - Faculty of Law

2009

Australian Journal of Labour Law, Vol. 22, No. 1, pp. 73-86, 2009
Sydney Law School Research Paper No. 11/24

Abstract:
Australian employment contract law has been slow to recognise the duty of “good faith and fair dealing” now reliably recognised in the United Kingdom. This note considers an Australian decision that has recognised this duty – Russell v. Trustees of the Roman Catholic Church for the Archdiocese of Sydney (2008) 72 NSWLR 559. The note outlines the limited consequences presently recognised upon a finding of breach of this duty.

Number of Pages in PDF File: 19

Keywords: employment contract, mutual trust and confidence, duty of good faith, remedies for breach of contract

JEL Classification: K10, K30, K31

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Date posted: April 1, 2011

Suggested Citation

Riley, Joellen, The Boundaries of Mutual Trust and Good Faith (2009). Australian Journal of Labour Law, Vol. 22, No. 1, pp. 73-86, 2009; Sydney Law School Research Paper No. 11/24. Available at SSRN: http://ssrn.com/abstract=1798935

Contact Information

Joellen Riley (Contact Author)

University of Sydney - Faculty of Law ( email )

Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9351 0205 (Phone)
+61 2 9351 0200 (Fax)