The Modern Contract of Employment
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By: Ian Neil (Lawyer), David Chin
Leading employment law experts, Ian Neil SC and David Chin of the NSW Bar, have updated their landmark Australian text dealing with the modern contract of employment. Now cited by the Federal Court of Australia, Modern Contract of Employment is written by practitioners for practitioners and sets out what the Australian law is and where to find it. The authors' sharp, clear and incisive analysis is made accessible for barristers, solicitors, academics and students by a succinct and expository style. Focusing specifically on the law of employment contracts, it offers in-depth analysis of the modern common law of the contract of employment, written in a concise way that aims to provide answers, not more questions.
AI Overview
"The Modern Contract of Employment" is a comprehensive legal text written by Ian Neil SC, David Chin SC, and Christopher Parkin. The book is a leading authority in Australian employment law, providing practitioners, academics, and students with a detailed analysis of the modern common law of employment contracts.
Key Themes
Interpretation of Employment Contracts:
- The book extensively covers the new approach to interpreting and identifying a contract of employment, as introduced by the High Court in cases such as WorkPac Pty Ltd v Rossato, Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd, and ZG Operations Australia Pty Ltd v Jamsek.
Implied Terms:
- It delves into the existence of implied terms, particularly focusing on the implied term of mutual trust and confidence, which is crucial in employment relationships.
Statutory Regulation:
- The authors discuss the statutory regulation of employment, highlighting its impact on employment contracts and the rights of employees.
Evolution of Employment Law:
- The book reflects the evolution of employment law in Australia, providing a current and erudite analysis of the subject matter.
Plot Summary
The book is structured to provide a clear and concise overview of the law of employment contracts in Australia. It begins with an introduction to the modern approach to employment contracts, setting out the fundamental principles and key concepts. The subsequent chapters delve into specific aspects of employment law, including the interpretation of contracts, implied terms, and statutory regulation.
Critical Reception
"The Modern Contract of Employment" has established itself as a leading text in its field. The critical reception is positive, with the book being cited by various Australian courts, including the High Court, the Federal Court of Australia, and the Fair Work Commission. The authors' sharp, clear, and incisive analysis has made the book accessible to a wide range of legal professionals, academics, and students.
Edition and Publication
The third edition of the book was thoroughly reviewed and updated to reflect the law as at June 2023. It is published by Thomson Reuters (Professional) Australia and is available in digital formats through VitalSource.
Conclusion
"The Modern Contract of Employment" is a seminal work in Australian employment law, offering in-depth analysis and practical guidance. Its comprehensive coverage of key themes and its erudite analysis make it an essential resource for anyone involved in employment law in Australia.