Recorded Webinar: Implied Terms in Employment Contracts Post CBA v Barker – Where to now?

Wednesday 19th August 2015

Duration: approx. 2 hours

Now that the High Court has resolved that there is no automatic implied term of mutual trust and confidence where does this lead us? How does this decision impact construction of employment contracts? What is status of other implied terms post Barker?  This session brings you up to date:

  • Impact of CBA v Barker [2014] HCA 32
  • The duty of trust and confidence – does it exist at all now?
  • Is there now no action for damages for breach of implied trust and confidence?
  • Can an employer dismiss an employee for alleged trust and confidence breach now?
  • Will other implied terms cover the gap now?
  • How should certain express terms now be drafted?
  • Can implied term of trust and confidence still be implied by facts?
  • What about other implied terms? – Policies, medical certificates and cooperation?
  • Is there an implied duty of good faith? – How far should it go?
  • Recent cases Australian and International Pilots Association v Qantas Airways Ltd [2014] FCA 32
  • Romero v Fasted Shipping (Indian Pacific) Pty Ltd [2014] FCAFC 177

This webinar is suitable for HR professionals, in-house Counsel and lawyers practising in employment law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

Presented by Dr Graham Smith, Partner, Clayton Utz, Melbourne

Dr Graham Smith is a highly regarded industrial relations and employment law specialist. He practises in all aspects of workplace relations with extensive experience advising corporations and national organisations on workplace strategies for enhancing workplace productivity and performance, and on the system of Federal industrial regulation. He regularly appears in proceedings before Fair Work Australia and has published numerous articles in the field of industrial relations law.

Graham has over 25 years of experience in public sector and private law advising companies, Commonwealth, State and Territory Departments and statutory agencies in all aspects of workplace relations.

Product Code: WBRAUG15
 Price:  $242.00 (Inclusive of GST)
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