Employment / Labour Law

Termination of Employment

By Donaghey, T
LexisNexis Australia November 2006

Specifications

ISBN-13
9780409321807
Publisher
LexisNexis Australia
Publication
November 2006
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Since the commencement of a statutory termination jurisdiction in the mid-1990s, the rights and responsibilities of employers terminating employees has been one of the most contested parts of Australian employment and industrial law. This controversy continued unabated in the Industrial Relations Court of Australia until 1997, when the jurisdiction was vested in the Australian Industrial Relations Commission.

This book deals with the fundamentals of the Federal statutory termination jurisdiction. It focuses upon those matters necessary to examine, analyse and prepare termination cases in a Federal court or in the Australian Industrial Relations Commission - and in doing so provides a comprehensive picture, both pre- and post- Work Choices legislative reforms, of the state of termination case law in Australia.

Table of Contents

* An overview of the Australian statutory termination jurisdiction
* Scope of the provisions in the Division
* Jurisdictional and threshold exclusions
* Applications in respect of merit under s646 and other applications
* Procedural matters in statutory termination proceedings
* The arbitration hearing and remedies available in the Commission
* Relationship between termination under the Act and particular fact situations
* Termination for a prohibited reason: S659(2) of the Act
* Applications under ss660 and 661 of the Act

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