The Contract of Employment, 2nd edition
Systematic and comprehensive description of common law governing employment contract in Australia
Select a format
One Year Subscription Only Terms
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing firstname.lastname@example.org; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
The Contract of Employment, 2nd edition offers Australian lawyers the most comprehensive, systematic and intellectually rigorous treatment of the contract of employment. With more Australian cases and less UK content, it focuses more on the law as it now stands rather than the historical development of the common law. It explains general principles articulated in appellate courts, particularly the High Court. It provides more references to the statutory context of employment and places the discussion of doctrines within the ongoing academic debates about the nature, functions and operation of the employment contract.
- 3 new chapters dealing with employment relations involving three parties, unjust enrichment and obligations owed by both parties, including good faith.
- Significant parts of chapters that have been wholly or substantially rewritten include:
- those dedicated to the law governing the characterisation of employment contracts (2.2–2.19),
- express categorisation terms and ‘shams’ (2.30–2.48),
- the structure of indefinite and casual employment contracts (4.29–4.44), illegality (5.21–5.31),
- the proof and construction of terms (7.5–7.10), the duties of fidelity (9.16–9.40),
- the employer’s duty of care (10.21–10.38), payment for performance and ‘set-off’ (12.28–12.53),
- express terms regulating the right to notice (14.16–14.22) and reasonable notice (14.31–14.45), and
- a significant part of Chapter 17 concerning damages.
General Protections Under the Fair Work Act
Hoctor & Robertson, Workplace Investigations: Principles and Practice
Table of contents
Chapter 1 Introduction and the Distinctiveness of Employment Contracts
Chapter 2 Who is an Employee?
Chapter 3 Employment Arrangements Involving Three Parties
Chapter 4 Formation
Chapter 5 Vitiating Factors, Illegality and Misleading Conduct
Chapter 6 Unjust Enrichment and Employment
Chapter 7 Sources of the Parties’ Rights and Duties
Chapter 8 Alteration of the Contract
Chapter 9 The Duties of Employees
Chapter 10 The Duties of Employers
Chapter 11 The Duties of Both Parties
Chapter 12 Performance of the Contract
Chapter 13 Termination for Breach and Renunciation
Chapter 14 Termination by Notice and Agreement
Chapter 15 Termination by Frustration
Chapter 16 Redundancy and Insolvency
Chapter 17 Damages for Breach of Contract
Chapter 18 Equitable Remedies
Chapter 19 Post-employment Obligations