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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Format: | Article |
Language: | English |
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University of Bologna
2022-12-01
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Series: | Italian Labour Law e-Journal |
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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 |
collection | DOAJ |
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. |
first_indexed | 2024-04-12T00:55:04Z |
format | Article |
id | doaj.art-bfcbe05131ef4df981b42783113f2576 |
institution | Directory Open Access Journal |
issn | 1561-8048 |
language | English |
last_indexed | 2024-04-12T00:55:04Z |
publishDate | 2022-12-01 |
publisher | University of Bologna |
record_format | Article |
series | Italian Labour Law e-Journal |
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 |