Federal Court finds there is an implied term of “confidence and trust” in the employment relationship

The concept of an employer having an obligation to provide a relationship of “confidence and trust” to employees has developed recently in the UK and is now developing in Australia. A fabulous coincidence when we look at how employees sometimes get treated (and not just at Fairfield) and a precedent established by the full Court that will have significant ramifications for how employers behave.

depa is not the only union in the industry seeking advice from lawyers on the application of the principles of the judgment for councils, like Fairfield, where members have been treated in a way that doesn’t come within a bull’s-roar of a relationship founded on “confidence and trust”. It’s all going to be about confidence and trust now.

More later.

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