Major Tribunal Decisions in 2007

Abstract

Despite relatively low levels of industrial disputation in 2007, the AIRC delivered some significant decisions in relation to the 'genuine operational reasons' exclusion to the unfair dismissal jurisdiction, and secret ballots for protected industrial action. However, arguably the most significant decisions in 2007 came from the Supreme Court of New South Wales and the Federal Court of Australia. These decisions illustrate that the common law contract of employment provides (increasingly) robust protections to employees from workplace injustices. This article examines recent developments in relation to the implied duties of good faith and of mutual trust and confidence. It also considers the prevalence of workplace policies in modern workplace relations and the circumstances in which workplace polices might give rise to enforceable contractual obligations and common law remedies for breach.Keywords: contract of employment; 'genuine operational reasons' for dismissal; implied duties of good faith and mutual trust and confidence; incorporation by reference; secret ballots for protected industrial action and genuinely trying to reach agreement Journal of Industrial Relations

Major Tribunal Decisions in 2008

“…38 The facts upon which Russell was decided, and the causes of action with which it dealt, are set out in detail in 'Major Tribunal Decisions in 2007'. 39 They are not repeated here. It will suffice to say that Rothman J found that the Church had terminated Mr Russell's employment in breach of contract (having also breached the implied duties to act in good faith and of mutual trust and confidence), but that the heads of damage relied upon by Mr Russell were not available to him.…”