Commonwealth Bank of Australia v Barker [2014] HCA 32

ON 10 SEPTEMBER 2014, the High Court of Australia delivered Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014).

The High Court allowed an appeal against the 2013 decision of the Full Court of the Federal Court of Australia in Commonwealth Bank of Australia v Barker [2013] FCAFC 83 (6 August 2013).

The High Court ruled, in favour of the Commonwealth Bank, that the implication of mutual trust and confidence is beyond the legitimate law-making function of the courts.

The court ruled that it is not necessary to imply into all employment contracts a term that neither party will, without reasonable cause, conduct itself in a manner likely to destroy or seriously damage the relationship of trust and confidence between them.

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