Private Law Theory

INTRODUCTION
Good faith has played a role in employment contracts for some time. In 2000 it received statutory recognition in the Employment Relations Act. Some commentators have suggested that an overly cautious approach has been taken to the application of good faith and that Parliament’s vision for the concept has yet to be fully realised. Has the statutory duty of good faith become a central figure in employment relationships and the resolution of disputes, or has it been a bit part player, wheeled on and off the stage? Might there be a more substantial role for good faith to play? A review of the cases tends to support the cautious approach critique …

Chief Judge Christina Inglis, Defining good faith (and Mona Lisa’s smile), Law @ Work Conference: Auckland, Wellington, Christchurch, 31 July 2019.

First posted 2019-12-23 08:41:51