In December last year, the Commonwealth Bank of Australia took its challenge to the High Court in relation to a Full Federal Court decision that found an implied term of ‘mutual trust and confidence’ existed in all Australian employment contracts. This had placed significant additional obligations on employers when dealing with staff. The High Court has spoken unanimously – there is no proper basis in law to imply such a term. This will be good news for employers, but don’t get your hopes up just yet.
Chadstone Shopping Centre's unexpected closure today means that employers need to make decisions as to whether they stand down their employees or consider other options during the closure period.