Nutshell: Employment Law

ISBN-10: 0455241457
ISBN-13: 9780455241456
Series: Nutshell
Language: English
Published: 2018

Description

Part A 1 The Basic Questions - Why does labour law change so much? - How do I work out my terms and conditions of employment? 2 Employee or Independent Contractor? - Why the nature of the working relationship is important - Test for determining the nature of the working relationship - Further cases on employment and independent contracts - Unfair and sham contracting - Further measures and contractor reforms 3 Common Law Issues - Common law duties - implied by common law into the employment relationship - Restraint of trade - Policy documents - can they form part of the contract of employment? - Further cases (on inclusion of terms) Part B 4 National Employment Standards, Modern Awards and Enterprise Bargains National Employment Standards (NES) - Modern awards - Enterprise bargains - Key aspects of bargaining in further detail - The bodies that administer the system - Transfer of business - Concluding remarks 5 Termination of Employment - Wrongful dismissal and further common law (termination) issues - Unfair dismissal under the Fair Work Act - Substantive unfair dismissal provisions - Procedure and remedies for dealing with unfair dismissal - Unlawful dismissal; avoiding a proliferation of claims; and the general protections (adverse action) Part C 6 Trade Union Law - Registered Organisations & Trade Union Governance - Freedom of association - Strikes - Good faith bargaining under the Fair Work laws - Trade union security measures - right of entry - Further issues in Trade Union Law and Governance - and further readings 7 Constitutional Issues - Heads of power - National system: issues arising 8 Allied Areas of the Law - Discrimination in the workplace - Superannuation and taxation - Public service employment law - University employment law - Workplace health and safety - Intellectual property 9 Future Issues and Directions? - Globalisation and labour law - Concluding remarks.