Open AccessImplied Term of Trust and Confidence: the Change in Approach of the Court of Appeal to the Requirement to Pay Redundancy Compensation
Author(s) -
Ross Nelson
Publication year - 2000
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v31i3.5941
Subject(s) - appeal , ideology , politics , redundancy (engineering) , payment , compensation (psychology) , law , term (time) , correctness , certainty , project commissioning , supreme court , law and economics , publishing , perception , political science , economics , sociology , social psychology , psychology , engineering , computer science , epistemology , physics , quantum mechanics , reliability engineering , philosophy , finance , neuroscience , programming language
This article examines the changing views of the Court of Appeal to payment of redundancy compensation where a contract of employment is silent. The author contrasts the leading cases, particularly Brighouse and Aoraki, and examines their differing approaches to issues such as the intention and interpretation of the Employment Contracts Act 1991, the extent of the implied term of mutual trust and confidence, and the perceived need for certainty in the law. The article concludes that the outcome is at least partly a result of changing judicial politics, and that perceptions of the correctness or otherwise of the current law will largely depend on readers views of ideology and politics.