Australia: High Court – there is no "term as to trust and confidence" implied into employment contracts

On 10 September 2014, the High Court overturned Federal Court decisions which allowed the general implication into employment contracts of a term requiring the employer to act so as to avoid damaging the relationship of trust and confidence with the employee.

In the case of Barker v Commonwealth Bank of Australia, the bank had managed a redeployment process following on Mr Barker’s redundancy in a very slapdash manner. The Bank sent communications to Mr Barker […]

By | October 26th, 2014 ||

United States: The California Divide: Federal Courts Refuse To Follow State Supreme Court's Iskanian Decision

One of the last barriers to full enforcement of arbitration agreements with class action waivers sustained another blow last week.  A California federal district court disagreed with the California Supreme Court in holding that an employment arbitration agreement can waive an employee’s right to pursue a representative claim under the state’s Private Attorney General Act (“PAGA”).  Langston v. 20/20 Companies, Case No. EDCV 14-1360 JGB (C.D. Cal. Oct. 17, 2014).

It is well known by […]

By | October 25th, 2014 ||

United States: Proposed Bankruptcy Fairness And Employee Benefits Protection Act Of 2014 Would Place Significant Restrictions On Employers In Bankruptcy

Legislation recently introduced in the Senate would place many restrictions on the ability of a corporation navigating bankruptcy to change the compensation and benefits of employees and retirees. The bill would also create a presumption that retiree health benefits are fully vested. The “Bankruptcy Fairness and Employee Benefits Protection Act of 2014” (S. 2418) was introduced on June 3 by Senator Jay Rockefeller and its cosponsor, Senator Elizabeth Warren, and is currently before the […]

By | October 25th, 2014 ||