A claim for financial loss (loss of earnings and earning capacity) for breach of an implied term of mutual trust and confidence in an employment contract is not precluded by Addis v Gramophone Co Ltd and is a triable issue. The statutory framework governing employment may not exclude the implied term where the employee's particular status (such as probationary appointment) denies them access to protective incidents available to other employees, leaving a gap in statutory coverage. The 'just, quick and cheap' provisions of the Civil Procedure Act 2005 do not modify the General Steel test where retention of the impugned claims would not expand the factual inquiry.
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