Essays on Implied Mutual Trust and Confidence Case Study

Download full paperFile format: .doc, available for editing

The paper “ Implied Mutual Trust and Confidence” is an impressive example of the case study on human resources. The issue of the relationship between employer and employees has raised a lot of concern in employment relationships and contracts. With respect to the history of employment, much has been done in order to improve on how employers relate with their employees. During employment, an employer is too subject to certain implied conditions just as his employee will do. The key condition to the employer is the implied term of mutual trust and confidence, which from the dimension of the obligations imposed to the employer, has been presented as a commitment to the employer without any cause may cause to destroy the mutual relationship of trust and trust that will exist between the employer and employees.

Implied term of relationship between employer and employees has since been reformed. Academically, Relationship between employer and employees has got attention since scholars have considered it to play a key role in the employment law, it also commands the movement of modern law in terms of employment law, and finally, it is the backbone of the contract of employment.

A greater number of scholars have focused their concern on the juridical nature, content, and the sources of the implied term of mutual trust and confidence. It will be actually fair to criticize the fact that few academicians have placed their concern on the parameters of the traditional implied terms of the employer and specifically the duty to look after employees’ welfare. This will assist employees if the employer is not willing or has forgotten duties accorded in the common law.

Although there are situations where the two implied terms overlap, the judges are required to take their time before they rule out their judgment. There is a view that implied terms of relationship between employer and employees be developed so as to accommodate the traditional implied terms. If the process comes to pass, the implied terms of relationship between employer and employees will be considered super-principle and will be able to cushion traditional forms of implied duties of employers thus settling the whole issue of implied duties.

Works Cited

Alibekova, Antonida, and Dennis Campbell. 2007. Employment law. Alphen aan den Rijn, The Netherlands: Kluwer Law International.

Anderson, G. J. 2011. Labour law in New Zealand. Alphen aan den Rijn, The Netherlands: Kluwer Law International.

Aras, Güler, and David Crowther. 2010. A handbook of corporate governance and social responsibility. Farnham, Surrey, England: Ashgate.

Arup, Christopher. 2006. Labour law and labour market regulation: essays on the construction, constitution and regulation of labour markets and work relationships. Annandale, NSW: Federation Press.

Australian journal of labour law. 1988. [Sydney]: Butterworths.

Butler, D. A., and Ben Mathews. 2007. Schools and the law. Annandale, N.S.W.: Federation Press.

CCH Australia. 2010. Australian master fair work guide. North Ryde, N.S.W.: CCH Australia.

CCH Australia. 2010. Australian master fair work guide. North Ryde, N.S.W.: CCH Australia.

Forsyth, Anthony, and Andrew Stewart. 2009. Fair Work: the new workplace laws and the Work Choices legacy. Annandale, N.S.W.: Federation Press.

Holland, James A., and Stuart Burnett. 2008. Employment law. Oxford: Oxford University Press.

Kramer, Adam. 2010. Contract law: an index and digest of published writings. Oxford: Hart.

Law Society of New South Wales. 1982. Law Society journal: the official journal of the Law Society of New South Wales. [Sydney, N.S.W.]: The Society.

Macmillan, Fiona. 2000. International Corporate Law, Volume 1. Oxford: Hart Pub. http://public.eblib.com/EBLPublic/PublicView.do?ptiID=285399.

Macmillan, Fiona. 2002. International corporate law annual. Oxford: Hart Pub.

Managing termination of employment. 2009. Sydney: CCH Australia.

McCallum, R. C. 2008. McCallum's top workplace relations cases: labour law and the employment relationship as defined by case law. Sydney, N.S.W.: CCH Australia.

Murray, Jill. 2005. Work, family and the law. Leichhardt, N.S.W.: The Federation Pr.

Nolan, Dennis R. 1998. The Australasian labour law reforms: Australia and New Zealand at the end of the twentieth century. Annandale, NSW [u.a.]: Federation Press.

Pittard, Marilyn, Ann Monotti, and John Duns. 2013. Business Innovation and the Law Perspectives from Intellectual Property, Labour, Competition and Corporate Law. Cheltenham: Edward Elgar Publishing. http://public.eblib.com/EBLPublic/PublicView.do?ptiID=1164210.

Riley, Joellen. 2005. Employee protection at common law. Annandale, N.S.W.: Federation Press

Stewart, Andrew. 2008. Stewart's guide to employment law. Annandale, NSW: Federation Press.

The Australian digest: a digest of the reported decisions of the Australian courts and of Australian appeals to the Privy Council. 1988. Sydney: Law Book Co.

University of Canberra. 1991. Australian journal of corporate law. Belconnen, ACT, Australia: Centre for National Corporate Law Research, University of Canberra.

University of Illinois at Urbana-Champaign, and International Society for Labour Law and Social Security. 1997. Comparative labor law & policy journal. Champaign, IL: University of Illinois College of Law.

Download full paperFile format: .doc, available for editing
Contact Us