The Contract of Employment, 2nd Edition

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.

Features

• 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)
  • a significant part of Chapter 17 concerning damages.

Related Titles

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