Dr Jill Murray on ‘The Employer as Fiduciary: Mission Impossible?’

Are there any situations in which an employing entity should put the interests of one of their employees ahead of its own? Associate Professor Jill Murray, La Trobe Law School, has recently published ‘The Employer as Fiduciary: Mission Impossible?’ in The Autonomy of Labour Law (2015), setting out the arguments that in some circumstances, there is a fiduciary obligation on employers to withhold managerial prerogative in the interests of employees. Equity has devised fiduciary law to protect some relationships of power imbalance, where one party undertakes not to exploit the vulnerability of the other. Traditionally, the employee is said to owe this duty to the employer. Dr Murray argues that equity should also protect employees against assaults on their integrity and capabilities as an economic actor. Her article is published in a book of essays written on the occasion of the retirement of Oxford University’s eminent Professor of Employment Law, Mark Freedland.

Marc Trabsky