Australia: To imply or not to imply – Mutual trust and confidence in employment contracts

The High Court has unanimously held that there is no implied term of mutual trust and confidence in Australian employment contracts.

In August 2013, a majority of a full court of the Federal Court found that all Australian employment contracts had an implied term of mutual trust and confidence. Specifically, the Court held that an employer had breached the implied term of mutual trust and confidence, when it made an executive manager redundant for failure […]

By | November 28th, 2014 ||

Canada: Working Outside The Employment Standards Act: Variances, Averaging Agreements, And Exclusions

Flexible shift work schedules are a familiar part of large-scale infrastructure and resource projects in British Columbia. In those industries, it is common for employees to work for several weeks, followed by a week off, work 10- or 12-hour shifts, or work some other nonstandard schedule. However, as more employers look for ways to lower payroll costs and improve flexibility, demand for flexible shift scheduling is increasing across many industries, a trend which is […]

By | November 28th, 2014 ||

Canada: The OHRC’s Christmas Present – A New Statement On Sexual Harassment In The Workplace

Ontario’s Human Rights Commission issued a statement on November 25, 2014 in relation to sexual harassment and the Ontario Human Rights Code. The statement reminds employers as to what constitutes sexual harassment as well as how to prevent it or deal with it in the workplace. The statement also links the Commission’s Policy on Preventing Sexual and Gender-Based Harassment.

The primary recommendations of the Commission are as follows: (i) employers should have a clear and […]

By | November 28th, 2014 ||