Commonwealth Bank of Australia v Barker

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, BELL, GAGELER AND KEANE JJCOMMONWEALTH BANK OF AUSTRALIA  APPELLANTANDSTEPHEN JOHN BARKER  RESPONDENTCommonwealth Bank of Australia v Barker[2014] HCA 3210 September 2014A1/2014ORDER1.Appeal allowed.2.Set aside paragraphs 1 (save as to costs) and 2 of the order of the Full Court of the Federal Court of Australia made on 6 August 2013 and, in their place, order that: (a) the appeal be allowed; and(b)paragraphs 1 and 2 of the order of the Federal Court of Australia made on 3 September 2012 be set aside and, in lieu thereof, order that:(i) judgment be entered for the applicant against the respondent in the sum of $11,692.31; and(ii) the respondent pay the applicant interest in an amount to be determined by a judge of the Federal Court of Australia if not otherwise agreed. 3.Appellant to pay the respondent's costs of the appeal and of the application for special leave to appeal.On appeal from the Federal Court of AustraliaRepresentationB W Walker SC with C D Bleby SC for the appellant (instructed by Minter Ellison Lawyers)R C Kenzie QC with P A Heywood-Smith QC, S J Mitchell and M A Irving for the respondent (instructed by Pace Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSCommonwealth Bank of Australia v BarkerContract – Employment contract – Implied terms – Employee's position made redundant – Employer's conduct denied employee opportunity of redeployment – Whether term of mutual trust and confidence should be...