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The Contract of Employment

The Contract of Employment

  • Author:
  • Publisher: LexisNexis Australia
  • ISBN: 9780409331226
  • Published In: August 2012
  • Format: Hardback
  • Jurisdiction: Australia ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 

Details

The Contract of Employment is a comprehensive and systematic description of the law governing employment contracts. It examines how awards, enterprise agreements and statutes like the Fair Work Act 2009 (Cth) and the Corporations Act (Cth) operate to modify the parties' contractual and equitable obligations. 

Features 

- Examines the contract of employment in the context of the law of contracts 
- Addresses the formation, variation, performance and termination of employment contracts 
- Discusses how historical developments have shaped employment law 
- Contains extensive references to leading books and articles in the field 

1. Introduction and History 
2. Who is an Employee? 
3. Formation of the Contract 
4. Vitiating Factors, Illegality and Misleading Conduct 
5. Sources of Parties' Right and Duties 
6. Alteration of the Contract 
7. The Duties of Employees 
8. The Duties of Employers 
9. Performance of the Contract
10. Termination for Breach and Repudiation 
11. Termination by Notice and Agreement 
12. Termination by Frustration 
13. Changes in the Employing Enterprise: Redundancy and External Administration 
14. Damages for Breach of Contract 
15. Equitable Remedies 
16. Post Employment Obligations: Restraint of Trade, Use of Information and References

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