Australian employment contracts contain implied terms of good faith and mutual trust and confidence as a matter of law, but these terms do not affect the right to terminate on reasonable notice. The costs of proceedings in the Industrial Relations Commission for reinstatement are not recoverable as reasonable expenses in mitigation of damage from wrongful dismissal, because the statutory regime envisages limited costs and it would be inconsistent with the legislative scheme for a court to award those costs as damages. Where an employer dismisses an employee based on suspicion of risk to children, the reasonableness of the suspicion must be assessed on the Briginshaw standard.
The full text is available to signed-in members, including the 42 later cases that cite this judgment.
2 of the 42 citing cases carry a classified treatment. How each court treated it is available to signed-in members.