Employment Contracts in the Australian High Court

The contribution explains the approach taken by the Australian High Court in recent years to construing and interpreting employment contracts. It focuses on the Australian court’s rejection of principles accepted by the United Kingdom’s Supreme Court, and the court’s assertion of the primacy of the...

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Main Author: Joellen Riley Munton
Format: Article
Language:English
Published: University of Bologna 2022-12-01
Series:Italian Labour Law e-Journal
Subjects:
Online Access:https://illej.unibo.it/article/view/15985
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author Joellen Riley Munton
author_facet Joellen Riley Munton
author_sort Joellen Riley Munton
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description The contribution explains the approach taken by the Australian High Court in recent years to construing and interpreting employment contracts. It focuses on the Australian court’s rejection of principles accepted by the United Kingdom’s Supreme Court, and the court’s assertion of the primacy of the parties’ own written contract in determining whether a work contract is one of employment, and what terms will govern that relationship. It argues that a statutory solution is necessary to ensure that protective labour statutes continue to cover those workers who are the proper objects of those laws.
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spelling doaj.art-bfcbe05131ef4df981b42783113f25762022-12-22T03:54:38ZengUniversity of BolognaItalian Labour Law e-Journal1561-80482022-12-0115217318410.6092/issn.1561-8048/1598514332Employment Contracts in the Australian High CourtJoellen Riley Munton0Sidney University of TechnologyThe contribution explains the approach taken by the Australian High Court in recent years to construing and interpreting employment contracts. It focuses on the Australian court’s rejection of principles accepted by the United Kingdom’s Supreme Court, and the court’s assertion of the primacy of the parties’ own written contract in determining whether a work contract is one of employment, and what terms will govern that relationship. It argues that a statutory solution is necessary to ensure that protective labour statutes continue to cover those workers who are the proper objects of those laws.https://illej.unibo.it/article/view/15985common lawemployment contractshigh court of australiaprecarious work
spellingShingle Joellen Riley Munton
Employment Contracts in the Australian High Court
Italian Labour Law e-Journal
common law
employment contracts
high court of australia
precarious work
title Employment Contracts in the Australian High Court
title_full Employment Contracts in the Australian High Court
title_fullStr Employment Contracts in the Australian High Court
title_full_unstemmed Employment Contracts in the Australian High Court
title_short Employment Contracts in the Australian High Court
title_sort employment contracts in the australian high court
topic common law
employment contracts
high court of australia
precarious work
url https://illej.unibo.it/article/view/15985
work_keys_str_mv AT joellenrileymunton employmentcontractsintheaustralianhighcourt