Implied terms and conditions in employment contracts

An enormous amount of litigation in Australian courts includes cases in which a party to a contract seeks to rely upon the benefit of an implied term or condition, that is to say a term or condition which is not expressly deal with by the contract. The same principles which apply to the circumstances in […]

Gardening leave; unfair dismissal or an employer’s right?

It is generally believed by employers that they have the right to send an employee on “gardening leave” either when the employee tenders notice of resignation or the employer provides notice of termination. There is a slightly different situation where the employer terminates an employment contract without notice and tenders in lieu a payment equivalent […]