The Boundaries of Mutual Trust and Good Faith
University of Sydney - Faculty of Law
Australian Journal of Labour Law, Vol. 22, No. 1, pp. 73-86, 2009
Sydney Law School Research Paper No. 11/24
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
Date posted: April 1, 2011
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