Mutual trust and confidence

Mutual trust and confidence is a phrase used in English law, particularly with reference to contracts in UK labour law, to refer to the obligations owed in an employment relationship between the employer and the worker.
This concept relates to a new but highly important concept in employment law, and constitutes a term that is implied into all employment contracts. The implied term means that both the employer and employee should behave in such a way as to not undermine the employment relationship.
Academics now talk of the duty of good faith in the employment relationship.
It is such an important issue that this implied term can override an express term of the employment contract. e.g. excessive hours for junior doctors

Cases

Mahmud and Malik v Bank of Credit and Commerce International SA AC 20
Wilson v Racher ICR 428
The Post Office v Roberts IRLR 347
Transco plc v O'Brien EWCA Civ 379
Eastwood v Magnox Electric plc UKHL 35
Mallone v BPB Industries plc EWCA Civ 126
Luke v Stoke-on-Trent City Council EWCA Civ 761

Australia

In 2014 the High Court of Australia unanimously and firmly rejected the proposition that contracts of employment in Australia should contain an implied term of mutual trust and confidence. The court left open the question whether there is a general obligation to act in good faith in the performance of contracts and the related question whether contractual powers and discretions may be limited by good faith and rationality requirements.