Trust and fiduciary relationships in education: What happens when trust is breached?

Abstract

This paper examines trust as a fundamental aspect of fiduciary relationships in education. The specific relationship under examination is that of academic employee and university employer. Both have the value of trust assigned to them as an implicit part of their social and professional contract. The setting is Australia, but the principles apply to any democratic jurisdiction and educational level or location, where fiduciary principles are a pre-condition for healthy and trustworthy working relationships. The paper firstly discusses the meaning and application of ‘trust’ and ‘fiduciary’, and considers the codes that regulate fiduciary relationships in education. It then asks what happens if and when the fiduciary duties and obligations are not upheld, advancing that question through an employment law case against an Australian university, for alleged breach of the Fair Work Act (Australia). The analysis shows what may be the outcome when fiduciary trust between employee and employer is breached, how it may happen, and the consequences of this. The aim of the paper is to throw light on the value of trust for robust working relationships in academic life. Ultimately, the paper shows that trust is axiomatic to a working system of justice in a healthy educational workplace.

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