Stewart's Guide to Employment Law

Stewart's Guide to Employment Law
Author: Andrew Stewart
Publisher:
Total Pages: 496
Release: 2015-02
Genre: Industrial relations
ISBN: 9781862879935

This new edition explains the changes made by the Fair Work Amendment Act 2013, including the Fair Work Commission's new power to deal with claims of workplace bullying. It details the Abbott Government's reform agenda, covering important changes not just to the Fair Work Act, but to legislation on parental leave, superannuation, the recovery of employee entitlements, the building and construction industry, and registered organisations. It also highlights the potential for further changes from various inquiries that have been established, as well as the first four-yearly review of the modern award system.The text has been updated to incorporate new case law since the last edition, including important decisions by the High Court on whether there is an implied duty of 'mutual trust and confidence' in the employment relationship, whether employers can dismiss employees for 'offensive' conduct during otherwise lawful union activities, and the scope of an employer's obligation to withhold pay from striking workers. Reference is also made to some controversial changes to State laws, particularly on the powers of industrial tribunals to set wages and conditions for public sector workers, and on the control of disruptive pickets and workplace protests.In the news...Scope of anti-bullying orders broad but still unclear, OHSAlert, 10 April 2015 Read full article...

Discrimination Law and Practice

Discrimination Law and Practice
Author: Chris Ronalds
Publisher: Federation Press
Total Pages: 305
Release: 2012-07-02
Genre: Business & Economics
ISBN: 186287882X

This seminal textbook on the practical application of Australian discrimination law is suitable for all involved in this branch of the law – lawyers, business people, human resources and industrial relations staff, advocates and students. Discrimination Law and Practice examines important recent cases in key areas of discrimination law and particularly in all aspects of employment and harassment, the provision of goods and services and education.

A Manager's Guide to Employment Law

A Manager's Guide to Employment Law
Author: Dana M. Muir
Publisher: John Wiley & Sons
Total Pages: 210
Release: 2003-06-03
Genre: Business & Economics
ISBN: 0787970654

Managers at all levels are constantly challenged to do more with fewer employees, to motivate diverse groups of people, and to face up to tough people problems in their workforces. An important key to managers' success is accomplishing these goals while protecting themselves and their companies from legal liability. Yet some in management tend to blame legal requirements for hindering progress toward solving problems. U.S. law, however, provides managers with broad discretion in many employment situations and in most cases helps ensure that managers perform their essential functions in a way that is fundamentally fair while still supporting company goals. A Manager's Guide to Employment Law will help managers make day-to-day decisions on how best to manage their employees and handle issues of legal liability. Expert author Dana Muir identifies the subtle and unnecessary mistakes managers make that cause legal headaches and shows how becoming familiar with basic principles of employment law will enable them to develop an internal compass to help make the right decisions. Each chapter focuses on legal concepts of broad application in today's workplace, providing real examples of problems managers face and offering strategies for addressing those problems.

Creighton & Stewart's Labour Law

Creighton & Stewart's Labour Law
Author: William Breen Creighton
Publisher:
Total Pages: 1138
Release: 2016
Genre: Industrial laws and legislation
ISBN: 9781760020552

The latest edition of this leading text features a new and expanded team of authors, who explain and analyse Australia's complex system of labour regulation.The book has been substantially restructured and updated to cover the many statutory amendments introduced or proposed over the past five years, especially to the Fair Work legislation, but also on matters such as work health and safety.A particular feature is the coverage of the Productivity Commission's 2015 report on the workplace relations system, outlining both its assessment of the regulatory framework and recommendations for change. There is discussion too of other important inquiries and reviews, including the Fair Work Commission's changes to the modern award system and the Heydon Royal Commission into Trade Union Governance and Corruption. The new edition also outlines the policy proposals released during the 2016 election campaign and explores the potential for future reforms.The new edition also makes extensive reference to new decisions by the courts and tribunals, on matters such as the distinction between employees and independent contractors, enterprise bargaining, trust and confidence in the employment relationship, the burden of proof in adverse action claims, and much more besides.As always, the book is full of pointers to further reading, with a substantial bibliography and index connecting readers to the voluminous academic literature on the subject. A new chapter also explores some of the insights to be gained from various theoretical perspectives on the concept of 'regulation' in general, and labour regulation in particular.Creighton & Stewart's Labour Law continues to offer the most comprehensive and authoritative account of the subject for students and practitioners alike.

Research Handbook on the Economics of Labor and Employment Law

Research Handbook on the Economics of Labor and Employment Law
Author: Michael L. Wachter
Publisher: Edward Elgar Publishing
Total Pages: 521
Release: 2012-01-01
Genre: Law
ISBN: 1781006113

ÔWachter and Estlund have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.Õ Ð Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, US This Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volumeÕs 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims. Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists.

Contract Law

Contract Law
Author: Andrew Stewart
Publisher: Cambridge University Press
Total Pages: 601
Release: 2019-06-21
Genre: Law
ISBN: 1107687489

Provides a fresh, topical and accessible account of the Australian law of contract.

Australian Master Fair Work Guide

Australian Master Fair Work Guide
Author:
Publisher: CCH Australia Limited
Total Pages: 673
Release: 2010
Genre: Law
ISBN: 1921593687

This guide defines and explains the key areas of industrial relations under the federal system.

Shaping Contracts for Work

Shaping Contracts for Work
Author: Gabrielle Elisabeth Golding
Publisher: Oxford University Press
Total Pages: 257
Release: 2023-12-15
Genre: Law
ISBN: 0192867822

Shaping Contracts for Work provides an in-depth examination of the common law's role in shaping employment contracts through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract. Terms implied by law into employment contracts, as well as their potential to operate in other non-standard contracts for the performance of work, are critically examined by reference to the test that courts adopt when they are asked to imply such terms. In part one, Golding provides an overarching survey of the law which governs express and implied terms in contracts. In doing so, she considers the broader judicial role in implying terms and assesses how it can fundamentally alter the nature of the relationship between contracting parties. Part two draws comparisons between England and Australia, tracing the origins and status of select terms across both jurisdictions, and exploring how the application of these terms is often presumed. Golding also examines the duties of mutual trust, confidence, and good faith in both jurisdictions, investigating their potential application in employment contracts. In part three, Golding demonstrates why courts need to better articulate their understanding of what constitutes an 'employment contract' as a distinctive class of contract. By focussing on the impact of terms implied by law, this work adds a unique dimension to the debate concerning the regulation of waged work in the context of ever-increasing non-standard modes of work.