Barker v Commonwealth Bank of Australia

JurisdictionAustralia Federal only
CourtFederal Court
Neutral Citation2012-0903 FCA D
Date2012
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7 cases
8 firm's commentaries
  • Barker v CBA: implied terms in Australian employment relationships
    • Australia
    • Mondaq Australia
    • 17 September 2012
    ...v Barclay [2012] HCA 32, the Federal Court of Australia has set another cat among the pigeons in Barker v Commonwealth Bank of Australia [2012] FCA 942. Last week, Justice Besanko of the Federal Court ordered the Commonwealth Bank of Australia (CBA) to pay a former Executive Manager $315,70......
  • Breach Of An Employer's Duty Of Mutual Trust And Confidence
    • Australia
    • Mondaq Australia
    • 22 October 2012
    ...BRIEF In Barker v Commonwealth Bank of Australia [2012] FCA 942 the Federal Court determined that a policy dealing with redeployment, was of sufficient stature as to render a breach of it, a breach of the employer's duty of mutual trust and Mr Barker had been employed by the Commonwealth Ba......
  • The ‘Trojan Horse’ - The (new) implied term of mutual trust and confidence in Australian contracts of employment
    • Australia
    • Mondaq Australia
    • 30 August 2013
    ...the implied term in Malik v Bank of Credit and Commerce International SA (in liq) [1998] AC 20. 3Barker v Commonwealth Bank of Australia [2012] FCA 942 (3 September 2012). See our previous Corrs In Brief, Recent developments: Implied term of trust of confidence, and 'productivity' under the......
  • Federal Court finds implied contractual term of mutual trust and confidence
    • Australia
    • Mondaq Australia
    • 7 November 2012
    ...the decision of Barker v Commonwealth Bank of Australia [2012] FCA 942 (Barker) Mr Barker made a number of claims against his former employer, the Commonwealth Bank of Australia (CBA) based on its selection of him for redundancy and its failure to redeploy Mr Barker was an employee of the C......
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