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Contract of Employment e2

Contract of Employment e2

By Mark Irving QC

The Contract of Employment, second 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.

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  • Full description

    The Contract of Employment, second 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), and
    • a significant part of Chapter 17 concerning damages.
  • About the author

    Mark Irving QC is a specialist in employment, industrial and anti-discrimination law. A member of the Victorian Bar, he was appointed silk in 2017. He has appeared in the High Court of Australia, Federal Court and other superior courts for employees, unions and corporations.

  • Product details

    ISBN: 9780409351088

    Published: 2020

    Format: Hardcover

  • Table of contents

    1. Introduction and the Distinctiveness of Employment Contracts

    2. Who is an Employee?

    3. Employment Arrangements Involving Three Parties

    4. Formation

    5. Vitiating Factors, Illegality and Misleading Conduct

    6. Unjust Enrichment and Employment

    7. Sources of the Parties’ Rights and Duties

    8. Alteration of the Contract

    9. The Duties of Employees

    10. The Duties of Employers

    11. The Duties of Both Parties

    12. Performance of the Contract

    13. Termination for Breach and Renunciation

    14. Termination by Notice and Agreement

    15. Termination by Frustration

    16. Redundancy and Insolvency

    17. Damages for Breach of Contract

    18. Equitable Remedies

    19. Post-employment Obligations

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