Abstract:
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. This article discusses the court’s reasoning and arguments for and against the implied duty.