Employee Protection at Common Law

1. Auflage 2005
ISBN: 978-1-86287-590-6
Verlag: Federation Press

Buch, Englisch, 288 Seiten, Gewicht: 342 g

Employee Protection at Common Law explains the potential development of Australian employment contract law, following the deregulatory Workplace Relations reformof the Howard government. Riley makes a case for the development of the same duties of good faith and fair dealing with workplace relations law, as have developed in contemporary Australian commercial law. Chapters include an explanation of the development in employment contract law of the duty of mutual trust and confidence, and its potential to resolve individual workplace disputes over such matters as performance-based pay and termination benefits. This new work provides the first extensive discussion of the application of the doctrine of estoppel in the workplace context. It also includes chapters on unconscionable dealing, restrictive covenants, and the application of the Trade Practices Act 1974 (Cth) to resolve individual employment disputes.

Autoren/Hrsg.

Riley, Joellen

Fachgebiete

• Rechtswissenschaften Strafrecht Kriminologie, Strafverfolgung
• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

Contents Preface (with synopsis) Acknowledgments Table of Cases Table of Statutes Chapter One: Beyond Deregulation The object of this work Deregulation – a global phenomenon Private regulation and fairness The Australian Experience Escaping the limits of “employment†The “HRM†agenda Who is the employer anyway? A road map The obstacle that must be overcome Moving forward Chapter Two: Contract and Work Relationships The work of this chapter Contract law theory – the “classical†model The nature of employment contracts Relational contracts and the need for good faith Regulating for good faith and fair dealing Chapter Three: Good Faith and Fair Dealing The juridical nature of the good faith obligation Early manifestations of good faith The Malik decision Acceptance in Australia Mutual trust as a tool of construction “Fair dealing†Australian Applications Overcoming Addis A future for good faith and fair dealing in Australia? Chapter Four: Estoppel and Work Relationships Escaping contract Dealing with disappointed expectations What is estoppel? The appropriate remedy in a workplace context Rocky’s tale Beyond Rocky Developing estoppel in a workplace context Conclusion Chapter Five: Undoing Unfair Work Contracts The work of this chapter The unconscionability principle Illegitimate exploitation Duress An alternative analysis – unconscionable dealing Practical lessons Moving forward Chapter Six: Fairly Sharing the Fruits of Work “Human capital†disputes What is human capital? Potential flaws “Property†in information? Future directions? Conclusions Chapter Seven: Statutory Controls on Unfair Dealing Beyond the common law Modern statutes and a commitment to fairness The Trade Practices Act A rich source of jurisprudence for common law? Chapter Eight: Moving on A restatement of goals Work relationships and the good faith standard The legal tools A role for the judiciary Further work Conclusion Bibliography