The Contract of Employment, 2nd edition
Systematic and comprehensive description of common law governing employment contract in Australia
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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