Termination of Employment
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By: Tim Donaghey
Discusses the fundamentals of the Federal statutory termination jurisdiction. Focuses upon those matters necessary to examine, analyse and prepare termination cases in a Federal court or in the Australian Industrial Relations Commission.
AI Overview
The book "Termination of Employment" by Tim Donaghey is a comprehensive legal guide that focuses on the fundamentals of employment termination in Australia, particularly under the Federal statutory jurisdiction. Here is a detailed overview of the book:
Key Themes
- Statutory Termination: The book provides an in-depth analysis of statutory termination under the Fair Work Act, including general protections and adverse action applications.
- Common Law Claims: It covers common law claims arising from termination of employment, including the role of the common and general law in employment contracts.
- Employment Contracts: The book delves into the formation, content, and implications of employment contracts, including express and implied terms.
- Labour Hire and Contractors: It discusses the status of independent contractors and labour hire arrangements, which are critical in modern employment practices.
Plot Summary
The book is structured into several parts, each addressing a specific aspect of employment termination:
Part A: Common Law and Termination
- Background and Formation: This section covers the historical context and formation of common law contracts of employment.
- Content of Employment Contracts: It explores the express and implied terms of employment contracts, including written and oral agreements.
- Labour Hire and Contractors: This part examines the legal status of independent contractors and labour hire arrangements.
Part B: Statutory Termination
- General Protections and Adverse Action: The book provides a detailed analysis of general protections and adverse action applications under the Fair Work Act.
- Court Proceedings: It offers insights into how proceedings are to be prosecuted and defended in statutory termination cases.
Critical Reception
While there is no specific critical reception available in the provided sources, the book is likely to be well-received by legal professionals and HR practitioners due to its comprehensive coverage of employment termination laws in Australia. The detailed analysis and practical guidance make it a valuable resource for those dealing with employment disputes and terminations.
Practical Application
The book is designed to serve as a single point of reference for most termination of employment issues, providing both an overview of the litigation process and detailed considerations necessary for engaging in that process. It aims to help readers understand how to prosecute and defend termination proceedings effectively.
Editions
The book has been published in at least two editions, with the second edition being released in 2013. This indicates that the author has updated the content to reflect changes in employment laws and court decisions.
In summary, "Termination of Employment" by Tim Donaghey is a thorough legal guide that covers both common law and statutory aspects of employment termination in Australia. Its detailed analysis and practical guidance make it a valuable resource for legal professionals, HR practitioners, and anyone dealing with employment disputes.