Termination of employment / Tim Donaghey.

Chatswood, N.S.W. : LexisNexis Butterworths, 2013.

2nd ed.

81946

Australia. -- Workplace Relations Amendment (Work Choices) Act 2005.

Australia. -- Workplace Relations Act 1996.

Australian Industrial Relations Commission.

Industrial relations -- Australia.

Labor laws and legislation -- Australia.

Employees -- Dismissal of -- Law and legislation -- Australia.

1. Background to the common law contract of employment

2. Formation of a common law contract of employment

3. Transfer, assignment and 'interposing' an employer

4. Labour hire and the status of the independent contractor

5. The content of an employment contract

6. The content of an employment contract

7. The duties implied in the common law contract of employment

8. Interpretation and sources of ambiguity in the common law contract of employment

9. The employment relationship and the common law contract of employment

10. Effect of statutory instruments upon the common law contract of employment

11. Breach of the common law contract of employment

12. Effect of breach and the termination of the common law contract of employment

13. The calculation of damages for breach of the common law contract of employment

14. Injunctive relief in relation to the common law contract of employment

15. Fiduciary relationships and the common law contract of employment

16. Estoppel and the common law contract of employment

17. Barnes v Addy and Knowing involvement in contraventions of obligations

18. Restitution and the common law contract of employment

19. The background to the statutory termination jurisdiction

20. The statutory termination jurisdiction : constitutional basis and the referral of powers to the commonwealth

21. Functions and powers of the Tribunal Fair Work Australia in unfair dismissal applications

22. Unfair dismissal jurisdictional limits : the utility of jurisdictional and threshold exclusions

23. The arbitration hearing and remedies available in the Tribunal Fair Work Australia

24. Procedural matters in statutory termination proceedings

25. Termination remedies in the Tribunal Fair Work Australia

26. Unfair dismissal and particular fact situations

27. The general protections regime in the Fair Work Act, in the Tribunal Fair Work Australia

28. General protections and adverse action applications - the merits of court proceedings for statutory termination under the Fair Work Act

29. Unlawful or prohibited ground termination under the Fair Work Act.

Includes bibliographical references and index.

9780409328028

lxiv, 624 p. : ill. ; 25 cm