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Searching Content indexed under Contract of Employment by Carroll & O'Dea ordered by Published Date Descending.
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1
Labouring outside the law: Migrant workers and the protective reach of Australian law
A worker's status as an undocumented or 'irregular' migrant should not make exploitation, abuse and injury inevitable.
Australia
27 Jun 2019
2
Till death do us part – Accounting for disloyalty
In this case, the High Court clarified the applicable rules to knowing assistance, causation and accounting for profit.
Australia
9 Nov 2018
3
Implied terms in contracts of employment – Good Faith, Reasonableness
An implied contractual term of "good faith and fair dealing" in an employment contract needs High Court interpretation.
Australia
18 May 2018
4
Flexible workplaces in the gig economy and access to injury compensation
Article discusses how legal systems and insurance policies fail to keep up with ever-changing service scenarios.
Australia
17 May 2018
5
Protecting vulnerable workers – New legislation soon
This legislative initiative in workplace relations law has attracted widespread support among stakeholders in the area.
Australia
25 Jul 2017
6
Tips for getting employee engagement right
Engaging a new employee can be expensive for an organisation, so it is important to secure the right person for the job.
Australia
21 Mar 2016
7
Implied terms in employment contracts - Good Faith and Fair Dealing, son of Trust and Confidence - the jury and judges are still out...
An implied term of "good faith and fair dealing", limiting the parties under an employment contract, is still uncertain.
Australia
5 Jul 2015
8
Implied terms in employment contracts: "Good faith and fair dealing" -- son of "trust and confidence"? The jury (and the judges) are still "out"...
The High Court decided there is no term of "trust and confidence" implied by law in employment contracts in Australia.
Australia
21 Apr 2015
9
Secondary boycott actions under the Competition and Consumer Act 2010 - Workplace Solutions Quarterly Newsletter - January 2015
The ACCC intends to become more active in the area of industrial disputes by reactivating the use of secondary boycott actions.
Australia
8 Feb 2015
10
Significant award of reasonable notice and the meaning of ‘ordinary pay’
Courts confirm an established line of authority on the assessment of reasonable notice of termination of employment.
Australia
8 Feb 2015
11
Employment contracts: no implied term of mutual trust and confidence in Australian law
There is no basis for an implied term of mutual trust and confidence in employment contracts in Australia.
Australia
8 Feb 2015
12
Australia
5 Oct 2014
13
Ordinary pay and an extraordinary payout
This decision illustrates the potential costs of attempts to vary an employee's contract in a clearly unreasonable way.
Australia
5 Oct 2014
14
Restraints - are all post employment restraints enforceable?
Post-employment restraints must be carefully drafted as an unreasonable restraint is void as contrary to public policy.
Australia
24 Sep 2013
15
No pay while on holiday - is that legal? Apparently yes!
An employer can simply contract with an employee to pay annual leave pay as an identified component with the weekly pay.
Australia
11 Mar 2012
16
Following the boss’ instructions - HR managers beware
A look at a recent Federal Magistrates Court's decision regarding sham contracting.
Australia
24 Aug 2011
17
Discrimination: The Potential For Attack On Multiple Fronts
The potential for discrimination claims by employees against their employers is certainly not new; employees have for many years been able to bring such claims against their employers using federal and state anti-discrimination legislation, and unlawful termination protections.
Australia
20 Sep 2010
18
Can the New "Transfer of Business" Provisions Work For Employers??
Compared to the provisions in the now repealed "Work Choices" amendments to the Workplace Relations Act 1996, the Transfer of Business provisions contained in Part 2-8 of the Fair Work Act 2009 ("the Act") provide greater certainty and flexibility for employers in a time of rapid change in modes of employment.
Australia
27 Aug 2010
19
National Employment Standards (NES) and Modern Awards: Will you be ready when they take effect on 01 January 2010 because of the Fair Work Act ?
This Update draws your attention to a number of important issues which you need to keep in mind and address in the near future, so you are prepared for changes that will take effect on 01 January 2010.
Australia
5 Jun 2009
20
"Federal Government Introduces "Fair Work Bill 2008""
On 25 November 2008 the Deputy Prime Minister Julia Gillard introduced into the Federal Parliament the Federal Government's "Fair Work Bill 2008", which is the Government's main legislative vehicle for replacing what is left of the Howard Government's "WorkChoices" legislation.
Australia
4 Dec 2008
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