The Modern Contract of Employment Third Edition - Book

The Modern Contract of Employment Third Edition - Book

By David Chin SC, Ian Neil SC, Christopher Parkin

Book

$225.60* $282.00 RRP Save: $56.40 (20%)

Date: 21/09/2023

Code: 9780455502663

Lawbook Co., AUSTRALIA

Newer edition available

Available Formats

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Book The Modern Contract of Employment Third Edition - Book 21/09/2023 9780455502663 $225.60 Add to cart

Description

The Modern Contract of Employment is written by practitioners, for practitioners, and sets out what the Australian law is and where to find it. It is cited by the High Court, the Federal Court of Australia, the Victorian Court of Appeal, the Supreme Court of NSW, the Federal Circuit Court, the Full Bench of the Fair Work Commission and the Workers Compensation Commission of NSW.

Leading employment law experts Ian Neil SC, David Chin SC and Christopher Parkin have updated their landmark Australian text. The Third Edition has been thoroughly reviewed and updated to reflect the evolution of the contract of employment, stating the law as at 1 June 2023.

New developments in the work include:

  • Chapters 1 and 2 are substantially revised to reflect:
    • the new approach to interpreting and identifying a contract of employment introduced by the High Court in WorkPac Pty Ltd v Rossato; Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd; and ZG Operations Australia Pty Ltd v Jamsek;
    • the common law distinction between casual and permanent employment as settled by the High Court in Rossato; and
    • the implications of Rossato, Personnel Contracting, and Jamsek for identifying the parties to a contract of employment, including labour hire and other tripartite arrangements;
  • Chapter 7 is revised in light of Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society Limited;
  • a new section on “sham” contracts;
  • the latest cases dealing with the employer’s ability to “set off” award obligations; and
  • the High Court’s clarification of the proper basis for implied terms in informal contracts in Realestate.com.au v Hardingham.

The authors’ sharp, clear and incisive analysis is made accessible for barristers, solicitors, academics and students by a succinct and expository style. Focusing specifically on the law of employment contracts, it offers in-depth analysis of the modern common law of the contract of employment, written in a concise way that aims to provide answers, not more questions.

The Modern Contract of Employment has established itself as the leading text in its field and maintains that position with its erudite and current analysis of employment contracts in Australia.

Table of Contents

  1. Identifying a contract of employment
  2. Identifying the employer
  3. Formation
  4. Variation
  5. Express terms
  6. Implied terms
  7. Fiduciary obligation
  8. Confidential information
  9. Suspension
  10. Termination
  11. Restraints of trade
  12. Collective agreements
  13. Contractual remedies
  14. Index

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