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The Spectre of the Implied Term of Mutual Trust and Confidence: Employer’s Obligation to Comply With All of Its Own Policies – Kallivalap Praveen Nair v Glaxosmithkline Consumer Healthcare Pte Ltd [2023] 3 SLR 922 [case comment]

Christine Tee & Prabu Devaraj Raman

[2024] SAL Prac 14

Abstract:
This case comment discusses the Singapore High Court’s decision in Kallivalap Praveen Nair v Glaxosmithkline Consumer Healthcare Pte Ltd [2023] 3 SLR 922, which dealt with the issue of whether an employer is obliged, by way of an implied term of mutual trust and confidence (“ITMTC”), to comply with its own internal policies. The High Court ruled that such a term was not implied on the facts or in law, citing reasons of uncertainty not just for the employer in question, but also other employers as well. The court’s cautious stance on expanding ITMTC reflects a preference for contractual certainty in employment relationships, which is welcome.