The Boundaries of Mutual Trust and Good Faith

Australian Journal of Labour Law, Vol. 22, No. 1, pp. 73-86, 2009

Sydney Law School Research Paper No. 11/24

19 Pages Posted: 1 Apr 2011  

Joellen Riley

The University of Sydney Law School

Date Written: 2009

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.

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

JEL Classification: K10, K30, K31

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: https://ssrn.com/abstract=1798935

Joellen Riley (Contact Author)

The University of Sydney Law School ( email )

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

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