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Termination of Employment 2nd ed

ISBN13: 9780409328028
Published: December 2012
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: Price on Application

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.

Other Jurisdictions , Australia


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

Background and formation
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
Employment 'contract' and employment relationship
5. The content of an employment contract - Part 1 - Express terms - written and oral
6. The content of an employment contract - Part 2 - Implied terms

Content of 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

Breach, termination and remedies
11. Breach of the common law contract of employment
12. Effect of breach and the termination of the common law contract of employment
13. Termination other than by notice
14. Remedies - damages, injunctions and declaratory relief

Equity in termination of employment
15. Fiduciary obligations
16. Estoppel
17. Knowing involvement in breaches, and second limb Barnes v Addy
18. Unjust Enrichment


Part B overview
19. The background to the statutory termination jurisdiction
20. The role of FWA in the statutory termination jurisdiction
21. The function and powers of FWA in termination

Definitions and overview
22. An overview of the Australian statutory termination jurisdiction
23. Scope of the provisions in the Division - constitutional basis and coverage
24. Referral of state powers to the Commonwealth post Work Choices

25. Jurisdictional and threshold exclusions
26. Applications in respect of merit and other applications under Part 3-2
27. Procedural matters in statutory termination proceedings under Part 3-2

Termination and unfair dismissal in the Tribunal and elsewhere
28. The arbitration hearing and remedies available in the tribunal Fair Work Australia
29. Relationship between termination under the FW Act and particular fact situations
30. Other applications

Termination, non 'non-termination' proceedings and adverse action
31. Background to AA proceedings in court and in the Tribunal
32. The conference phase of AA applications in the Tribunal
33. Examination of proceedings involving AA
34. Meaning of AA - and the future of this cause of action

Other statutory questions arising pursuant to termination
35. Termination and prohibited reason - section 772-4
36. Notice provisions in section 117
37. Remedies for breach and between termination under the Act and particular fact situations
38. Penalties in penalty proceedings

The future of termination proceedings at CL and statute.