Termination of Employment, 2nd Edition

Termination of Employment deals with the principles affecting common law termination of employment, as well as the statutory bases for termination of employment.

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Book:Paperback
ISBN/ISSN: 9780409328028
Release Date: December 01, 2012
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ISBN/ISSN: 9780409331936
Release Date: December 01, 2012
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Product description

Click here to read the review first published in ETHOS - ACT Law Society Issue 228 June 2013.

Termination of Employment deals with the principles affecting common law termination of employment, as well as the statutory bases for termination of employment. Each is affected by the introduction of the Fair Work Act, and proposed amendments to this legislation.

The second edition of this title has undergone a significant expansion to reflect the degree to which court litigation involving employers and employees has become more commonplace, as well as dealing with the new and expanded Commonwealth industrial relations and employment regime.

The text includes chapters which deal with the varied issues arising from common law claims arising from termination of employment. It provides both an overview of the litigation, and detail of considerations necessary to engage in that process.

The purpose of this book is to provide some insight into how proceedings are to be prosecuted; and how they are to be defended. Termination of Employment is a wider, single point of reference for the majority of termination of employment issues, including statutory termination under Australian law.
 

Table of contents


     
  • Introduction

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  • PART A: COMMON LAW AND TERMINATION

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  • Part A overview - role of the common and general law in the termination of employment

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  • Background and formation

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  • 1. Background to the common law contract of employment

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  • 2. Formation of a common law contract of employment

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  • 3. Transfer, assignment and 'interposing' an employer

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  • 4. Labour hire and the status of the independent contractor

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  • Employment 'contract' and employment relationship

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  • 5.The content of an employment contract - Part 1 - Express terms - written and oral

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  • 6. The content of an employment contract - Part 2 - Implied terms

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  • Content of employment contract

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

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

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

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

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  • Breach, termination and remedies

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  • 11. Breach of the common law contract of employment

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

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  • 13.Termination other than by notice

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  • 14. Remedies - damages, injunctions and declaratory relief

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  • Equity in termination of employment

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  • 15.Fiduciary obligations

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  • 16.Estoppel

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  • 17.Knowing involvement in breaches, and second limb Barnes v Addy

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  • 18.Unjust Enrichment

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  • PART B: STATUTORY TERMINATION

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  • Part B overview

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  • Preliminary

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  • 19. The background to the statutory termination jurisdiction

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  • 20. The role of FWA in the statutory termination jurisdiction

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  • 21. The function and powers of FWA in termination

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  • Definitions and overview

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  • 22. An overview of the Australian statutory termination jurisdiction

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  • 23. Scope of the provisions in the Division - constitutional basis and coverage

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  • 24. Referral of state powers to the Commonwealth post Work Choices

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  • Jurisdiction

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  • 25. Jurisdictional and threshold exclusions

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  • 26. Applications in respect of merit and other applications under Part 3-2

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  • 27. Procedural matters in statutory termination proceedings under Part 3-2

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  • Termination and unfair dismissal in the Tribunal and elsewhere

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  • 28. The arbitration hearing and remedies available in the tribunal Fair Work Australia

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  • 29. Relationship between termination under the FW Act and particular fact situations

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  • 30. Other applications

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  • Termination, non 'non-termination' proceedings and adverse action

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  • 31. Background to AA proceedings in court and in the Tribunal

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  • 32. The conference phase of AA applications in the Tribunal

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  • 33. Examination of proceedings involving AA

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  • 34. Meaning of AA - and the future of this cause of action

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  • Other statutory questions arising pursuant to termination

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  • 35. Termination and prohibited reason - section 772-4

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  • 36. Notice provisions in section 117

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  • 37. Remedies for breach and between termination under the Act and particular fact situations

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  • 38. Penalties in penalty proceedings

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  • CONCLUSION

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  • The future of termination proceedings at CL and statute.

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