Termination of Employment
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By: Tim Donaghey
The work deals with the principles affecting common law termination of employment, as well as the statutory bases for termination of employment - the latest major Commonwealth industrial relations and employment legislation. It also reflects the degree to which court litigation involving employers and employees has become more commonplace.
AI Overview
The book "Termination of Employment" by Tim Donaghey is a comprehensive legal guide that focuses on the fundamentals of termination jurisdiction under Australian federal statutes, particularly the Fair Work Act. Here is a detailed overview of the book:
Key Themes
- Statutory Termination Jurisdiction: The book provides a thorough examination of the statutory framework governing termination of employment in Australia, including both pre- and post-Work Choices legislation.
- Common Law Claims: It delves into common law claims arising from termination of employment, offering insights into the litigation process and the considerations necessary for both prosecution and defense.
- General Protections and Adverse Action: The book covers general protections and adverse action applications, discussing the merits of court proceedings for statutory termination.
- Employment Contracts: It explores the content of employment contracts, including express and implied terms, as well as the employment relationship and its various aspects.
Plot Summary
The book is structured into several parts, each addressing different aspects of termination of employment:
Part A: Common Law and Termination
- Background and Formation: Chapters 1-3 discuss the background to the common law contract of employment, its formation, and issues related to transfer, assignment, and the status of independent contractors.
- Employment Contract: Chapters 5-6 delve into the content of an employment contract, including express and implied terms.
Practical Introduction to Employee Relations
- The book provides a practical introduction to employee relations, offering a step-by-step guide to handling various employment-related issues.
Critical Reception
While there is no specific critical reception available in the provided sources, the book is designed to serve as a comprehensive reference for practitioners and scholars dealing with termination of employment issues. The detailed chapters and practical approach suggest that it would be well-received by those seeking a thorough understanding of the legal aspects involved in terminating employment contracts in Australia.
Practical Application
The book is intended to provide practical insights into how proceedings are to be prosecuted and defended. It aims to be a single point of reference for the majority of termination of employment issues under Australian law, making it a valuable resource for legal professionals, HR managers, and anyone involved in employment law.
Availability
The book is available for purchase through various platforms, including Booktopia, where it is listed at $62.50.