Legal development

Ashurst ADTLaw update Trust and confidence in employment contracts Fact or Myth

Insight Hero Image

    Ashurst ADTLaw Director Dawn Tan and Senior Associate Tristan Teo co-authored a case note on the recent decision of the High Court (Appellate Division) in Dong Wei v Shell Eastern Trading (Pte) Ltd. The case note was first published on the Singapore Academy of Law's Journals Online website, e-First, on 7 November 2022.

    At common law, the implied duty of mutual trust and confidence has been thought to apply to all employment contracts. The implied duty has been rejected in Australia but continues to be applied in the UK, Hong Kong and, until recently, has been thought to apply in Singapore. In Dong Wei v Shell Eastern Trading (Pte) Ltd [2022] 1 SLR 1318, the Appellate Division of the High Court cast doubt on the existence of the implied duty under Singapore law. 

    In this case note, Dawn and Tristan discuss the court's reasoning and arguments for and against the implied duty.

    Read the full case note published on e-first here or download the PDF version below.

    Authors: Dawn Tan, Ashurst ADTLaw Director; Tristan Teo, Ashurst ADTLaw Senior Associate.

    Key contacts