Common Law Implied Terms and Behavioural Standards at Work
Posted: 17 Jun 2008
Date Written: March 2007
This article identifies disjunction between, on the one hand, recognition by the common law of the contract of employment of implied duties of trust, confidence and care, and, on the other hand, the liability and remedial rules that surround these obligations. The analysis suggests a need for legislative intervention, which it is argued should entail innovation in remedial design, the better to translate the standards set into changes in workplace conduct.
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