Employment law : concepts and cases

Title Page
Copyright
Preface
Table of Cases
Table of Statutes and Codes of Practice
Table of Contents
	Chapter 1 Introducing Employment Law
		The regulation of work
		Sources of legal obligation
	Chapter 2 What is Employment?
		Identifying employment
		Common law tests
		Sham contracting
		Types of employment
		Other types of worker
	Chapter 3 Contract Formation and Terms
		Formation
		Offer and acceptance
		Intention, consideration, certainty and capacity
		Mutual consent and legality
		Restraint of trade clauses
		Terms of the contract
	Chapter 4 Employer Duties
		The wages–work bargain
		Personal obligations
		No duty of mutual trust and confidence
		Duty to provide work
		Duty to pay remuneration
		Duty of care
		Aspects of the duty of care
		Duty to indemnify
		Other duties
	Chapter 5 Employee Duties
		Duty to obey orders
		Duty of care and competence
		Duty to look after the employer’s property
		Duty to indemnify
		Duty to provide faithful service
		Duty to hand over inventions
		Duty of disclosure?
		Duty of confidentiality
	Chapter 6 Ending the Contract
		Introduction
		Termination as agreed
		Summary dismissal
		Constructive dismissal
		Abandonment
		Automatic termination
		Change of employer
		Bankruptcy, receivership and liquidation
	Chapter 7 Statutory Job Protections
		Introduction
		Unfair dismissal
		General protections dismissal
		Unlawful termination
		Anti-discrimination law
		Bullying provisions
	Chapter 8 The Federal System and Employment Conditions
		Multiple systems
		The Constitution and the federal system
		The Fair Work Commission
		The Fair Work Ombudsman
		The Federal Court and the Federal Circuit Court
		National employment standards
	Chapter 9 Modern Awards
		Historical significance of awards
		Modern awards
		Award content
	Chapter 10 Enterprise Agreements
		Agreement-making
		Bargaining processes
		Variation and termination
	Chapter 11 Industrial Action
		Employee and employer action
		Industrial torts
		Employee rights to strike
		Boycotts
	Chapter 12 Work Health and Safety
		State legislation
		Duties
		Consultation, representation and participation
		Refusal to work in certain situations
		Workplace change
		Penalties
		Workers’ compensation legislation
Index