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This paper examines the impact of English and Australian unfair dismissal legislation on the common law rules which govern the termination of the employment contract. To explore this issue, the paper first outlines some general approaches to the interaction between statute law and the common...
Persistent link: https://www.econbiz.de/10013124908
Following 13 years of Labor government at the Federal level a Liberal/National Party Coalition government was elected to office in the Australian general election of 1996. This government was subsequently re-elected in 1998, 2001, and again in 2004, before finally losing power in the 2007...
Persistent link: https://www.econbiz.de/10014198557
In 2005, Professor Phillipa Weeks published an insightful chapter entitled ‘Employment Law – A Test of Coherence Between Statute and Common Law' in S Corcoran and S Bottomley (eds) Interpreting Statutes. That chapter examined the emergence, development and ultimate emasculation of an implied...
Persistent link: https://www.econbiz.de/10013072841
Despite the promise of cataclysmic change, 2003 saw very few, and very moderate reforms to industrial laws. The great debates about a unitary industrial relations system, greater legal discipline for the building and construction industry, paid maternity leave, compulsory individual contracts in...
Persistent link: https://www.econbiz.de/10014071026
At the federal level, the year 2001 saw much legislative activity in the form of bills, debates, revisions and rejections - but very little progress for the government's 'third wave' industrial reform program. Apart from some changes to the unfair dismissals regime, much important legislation...
Persistent link: https://www.econbiz.de/10014115291
Legislation proposed and passed in 2002 continued to demonstrate the close alliance between law and politics in this field. While the Federal government pressed on with its Workplace Relations third wave (the Registration and Accountability of Organisations legislation being its only significant...
Persistent link: https://www.econbiz.de/10014084301
The federal government finally secured passage of some of its workplace relations amendments in 2004 - the transmission of business provisions for certified agreements, introduction of interim section 127 orders and some increased penalties for bad behaviour - and it dealt promptly with the...
Persistent link: https://www.econbiz.de/10014064671