Yousif v Commonwealth Bank of Australia (No 2) [2009] FCA 656

FEDERAL COURT OF AUSTRALIA

Yousif v Commonwealth Bank of Australia (No 2) [2009] FCA 656

CONTRACTS – breach of employment contract – failure to appoint applicant to role within respondent – whether express agreement existed to appoint applicant – whether breach of policy incorporated into employment contract – whether breach of implied term of good faith, trust and confidence – whether implied term of good faith, trust and confidence recognised by Australian law CONTRACTS – breach of employment contract – alleged flaws in investigation into failure to appoint applicant to role – whether breach of policy incorporated into employment contract – whether breach of implied term of good faith, trust and confidence PRIVACY – breach of Privacy Act 1988 (Cth) – access to personal information of applicant by another employee of respondent – whether declaration or injunction should be granted – whether respondent has taken all reasonable steps necessary

Privacy Act 1988 (Cth) ss 16A, 98, Sch 3 Aldersea v Public Transport Corporation (2001) 3 VR 499 cited Burazin v Blacktown City Guardian Pty Ltd (1996) 142 ALR 144 cited Gogay v Hertfordshire County Council [2000] IRLR 783 cited Malik v Bank of Credit & Commerce International SA (in liq) [1998] AC 20 applied McDonald v Parnell Laboratories (Aust) Pty Ltd (2007) 168 IR 375; [2007] FCA 1903 cited Russell v Trustees of Roman Catholic Church for the Archdiocese of Sydney (2008) 176 IR 82 cited Russell v Trustees of the Roman Catholic Church for the Archdiocese of Sydney (2007) 69 NSWLR 198 questioned Thomson v Orica Australia Pty Ltd (2002) 116 IR 186; [2002] FCA 939 cited Walker v Citigroup Global Markets Pty Ltd (2005) 226 ALR 114; [2005] FCA 1678 cited

LINDA YOUSIF v COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)

VID 394 of 2008

NORTH J