Adverse Action: LHMU v Arnotts Biscuits Limited

Adverse action claims under the Fair Work Act 2009 are becoming increasingly popular. Recent authorities have demonstrated that it is important that employers are able to demonstrate the reasons behind any potential adverse action taken against employees and to show that there is not a causal connection between that action and the employee’s workplace right.

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General Employment: Moss v. Lowe Hunt & Partners Pty Ltd [2010] FCA1181

Employer’s positive duty not to mislead or deceive potential employees

In a recent decision before the Federal Court of Australia, the Court considered the significance of representations made by employers, or directors on behalf of employers relative to inducements made to potential employees and consultants, to enter into a contract of service with the employer.

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General Employment: Legal update on the implied duty of good faith and confidence

A recent decision of the Western Australian Supreme Court has examined the application of the  implied term of good faith and trust and confidence in employment contracts. Justice Stephen Hall reviewed the Australian and English authorities and confirmed that the cases establish that an employment contract will generally include an implied term of good faith and confidence. Such a term applies to conduct during the currency of the employment, but does not apply to dismissal or the manner of dismissal.

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