Employment law : concepts and cases

✍ Scribed by Natalie Van der Waarden; CCH Australia Limited,

• Publisher: LexisNexis Butterworths
• Year: 2017
• Tongue: English
• Leaves: 543
• Edition: 4th edition.
• Category: Library

✦ Table of Contents

Title Page
Copyright
Preface
Table of Cases
Table of Statutes and Codes of Practice
Table of Contents
Chapter 1 Introducing Employment Law
The regulation of work
Sources of legal obligation
Chapter 2 What is Employment?
Identifying employment
Common law tests
Sham contracting
Types of employment
Other types of worker
Chapter 3 Contract Formation and Terms
Formation
Offer and acceptance
Intention, consideration, certainty and capacity
Mutual consent and legality
Restraint of trade clauses
Terms of the contract
Chapter 4 Employer Duties
The wages–work bargain
Personal obligations
No duty of mutual trust and confidence
Duty to provide work
Duty to pay remuneration
Duty of care
Aspects of the duty of care
Duty to indemnify
Other duties
Chapter 5 Employee Duties
Duty to obey orders
Duty of care and competence
Duty to look after the employer’s property
Duty to indemnify
Duty to provide faithful service
Duty to hand over inventions
Duty of disclosure?
Duty of confidentiality
Chapter 6 Ending the Contract
Introduction
Termination as agreed
Summary dismissal
Constructive dismissal
Abandonment
Automatic termination
Change of employer
Bankruptcy, receivership and liquidation
Chapter 7 Statutory Job Protections
Introduction
Unfair dismissal
General protections dismissal
Unlawful termination
Anti-discrimination law
Bullying provisions
Chapter 8 The Federal System and Employment Conditions
Multiple systems
The Constitution and the federal system
The Fair Work Commission
The Fair Work Ombudsman
The Federal Court and the Federal Circuit Court
National employment standards
Chapter 9 Modern Awards
Historical significance of awards
Modern awards
Award content
Chapter 10 Enterprise Agreements
Agreement-making
Bargaining processes
Variation and termination
Chapter 11 Industrial Action
Employee and employer action
Industrial torts
Employee rights to strike
Boycotts
Chapter 12 Work Health and Safety
State legislation
Duties
Consultation, representation and participation
Refusal to work in certain situations
Workplace change
Penalties
Workers’ compensation legislation
Index