Barker v Commonwealth Bank of Australia

JurisdictionAustralia Federal only
CourtFederal Court
Neutral Citation2012-0903 FCA D
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7 cases
8 firm's commentaries
  • Barker v CBA: implied terms in Australian employment relationships
    • Australia
    • Mondaq Australia
    • 17 septembre 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 octobre 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 août 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......
  • Decision on Termination Procedures a Big Win for Employers
    • Australia
    • JD Supra Australia
    • 2 août 2013
    ...The Supreme Court of Victoria has shed light on an issue raised in Barker v Commonwealth Bank of Australia [2012] FCA 942 regarding whether employers must adhere to their own policies and procedures when dismissing an The uncertainty in this area created particular difficulty for employers ......
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