An implied term for payment of accrued time off in lieu (TOIL) on termination of employment will not be implied where the express terms of the contract provide for time off rather than monetary payment, as such an implied term would contradict the express terms. The question of whether the broader Byrne v Australian Airlines test or the strict BP Refinery five-condition test applies to employment contracts remains contested, with the dissent favouring the broader test for informal employment contracts.
The full text is available to signed-in members, including the 22 later cases that cite this judgment.
3 of the 22 citing cases carry a classified treatment. How each court treated it is available to signed-in members.