The Contract of Employment, 2nd edition

Systematic and comprehensive description of common law governing employment contract in Australia

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ISBN/ISSN: 9780409351088
Release Date: November 15, 2019
Out of Stock
AUD$ 342.00
ISBN/ISSN: 9780409351095
Release Date: November 15, 2019
AUD$ 342.00

Product description

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.

Related Titles

General Protections Under the Fair Work Act
Hoctor & Robertson, Workplace Investigations: Principles and Practice


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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