Employment Law

Essay Question: Employment Law

Part A

Because of the oppressive nature of restraint of trade clauses, the common law provides that all restraint of trade clauses are presumed void and unenforceable, unless the clause is:

(a)   reasonable in the interests of the parties; and

(b)   reasonable in the interests of the public.

Critically analyse and discuss this statement.

Make sure you make reference to both primary and secondary sources in your analysis.

(1000 words)

Part B

The High Court recently held in Commonwealth Bank of Australia v Barker [2014] HCA 32 that there is not an implied term of mutual trust and confidence in Australian employment contracts.

What is meant by mutual trust and confidence?

What is the relevance of this decision on employment contracts?

Do you agree with the High Court’s findings?

Make sure you make reference to both primary and secondary sources in your analysis.

(1000 words)

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