Podcast
Questions and Answers
Which of the following is NOT a method by which employment can be terminated, according to the provided materials?
Which of the following is NOT a method by which employment can be terminated, according to the provided materials?
- Employee reaching a predetermined retirement age (correct)
- Operation of law, such as company liquidation
- Without notice, such as summary dismissal
- Agreement between employer and employee
In cases of wrongful dismissal, common law generally provides for substantial damages to cover distress and reputational harm suffered by the employee.
In cases of wrongful dismissal, common law generally provides for substantial damages to cover distress and reputational harm suffered by the employee.
False (B)
What is the significance of the Elisha v Vision Australia [2024] case in the context of common law remedies for dismissal?
What is the significance of the Elisha v Vision Australia [2024] case in the context of common law remedies for dismissal?
It challenges the traditional bar on non-economic loss in wrongful dismissal cases, suggesting psychological injury may be foreseeable and thus compensable.
Under the Fair Work Act, employers are generally restricted from entering into new, non-ongoing contracts beyond ______ years, subject to several exceptions.
Under the Fair Work Act, employers are generally restricted from entering into new, non-ongoing contracts beyond ______ years, subject to several exceptions.
Match the term with the correct labor law definition.
Match the term with the correct labor law definition.
What does FWA s 381 aim to achieve in the context of dismissal rights?
What does FWA s 381 aim to achieve in the context of dismissal rights?
An employer's right to 'pay out notice' is a feature unique to common law and is not found in the Fair Work Act.
An employer's right to 'pay out notice' is a feature unique to common law and is not found in the Fair Work Act.
In the context of probationary employment, where does 'probation' fit in relation to other employment types?
In the context of probationary employment, where does 'probation' fit in relation to other employment types?
The principle of 'at will' employment, characterized by a very short notice period, is more commonly associated with ______ law than statutory law.
The principle of 'at will' employment, characterized by a very short notice period, is more commonly associated with ______ law than statutory law.
According to the material, what is a circumstance in which a unilateral termination by an employee might be 'reversed'?
According to the material, what is a circumstance in which a unilateral termination by an employee might be 'reversed'?
If a contract is silent on the matter of notice, common law implies a 'reasonable' notice period, but the Fair Work Act (FWA) sets only the minimum standard.
If a contract is silent on the matter of notice, common law implies a 'reasonable' notice period, but the Fair Work Act (FWA) sets only the minimum standard.
According to the material, which of the following is not an exception that allows employers to engage employees on fixed term contracts beyond two years?
According to the material, which of the following is not an exception that allows employers to engage employees on fixed term contracts beyond two years?
What is the basic premise of 'Unfair Dismissal' law as introduced in week 6?
What is the basic premise of 'Unfair Dismissal' law as introduced in week 6?
Automatic Fire Sprinklers v Watson, a common law remedy, determined employees had to accept ______ and seek new work.
Automatic Fire Sprinklers v Watson, a common law remedy, determined employees had to accept ______ and seek new work.
Which scenario will typically result in a 'wrongful dismissal/termination' claim?
Which scenario will typically result in a 'wrongful dismissal/termination' claim?
Damages for 'wrongful dismissal' usually equate to the notice period damages.
Damages for 'wrongful dismissal' usually equate to the notice period damages.
What does the case Addis v Gramophone (1908) state?
What does the case Addis v Gramophone (1908) state?
The Fair Work Act gives an employer right to ______ notice.
The Fair Work Act gives an employer right to ______ notice.
Match the condition of employment to its corresponding element.
Match the condition of employment to its corresponding element.
Which of these scenarios is likely to be considered termination without minimum notice under the Fair Work Act?
Which of these scenarios is likely to be considered termination without minimum notice under the Fair Work Act?
In the given scenario, what is the most significant factor that complicates the club's ability to discipline Mr. Bloggs for his out-of-hours conduct?
In the given scenario, what is the most significant factor that complicates the club's ability to discipline Mr. Bloggs for his out-of-hours conduct?
If Mr. Bloggs had posted the video himself, it would be more difficult for him to argue that his actions were purely out of hours conduct.
If Mr. Bloggs had posted the video himself, it would be more difficult for him to argue that his actions were purely out of hours conduct.
What specific action could the club take, short of dismissal, to address Mr. Bloggs' conduct, provided it is a lawful and reasonable direction?
What specific action could the club take, short of dismissal, to address Mr. Bloggs' conduct, provided it is a lawful and reasonable direction?
The absence of an ______ prohibiting conduct that brings the club into disrepute makes it difficult to discipline Mr. Bloggs.
The absence of an ______ prohibiting conduct that brings the club into disrepute makes it difficult to discipline Mr. Bloggs.
Match each action with its potential legal consequence for Mr. Bloggs, assuming the club seeks to discipline him:
Match each action with its potential legal consequence for Mr. Bloggs, assuming the club seeks to discipline him:
What distinguishes the Moreton Bay College case from the scenario involving Mr. Bloggs?
What distinguishes the Moreton Bay College case from the scenario involving Mr. Bloggs?
The fact that Mr. Bloggs is the club captain is irrelevant to the consideration of whether his conduct breaches his contractual obligations.
The fact that Mr. Bloggs is the club captain is irrelevant to the consideration of whether his conduct breaches his contractual obligations.
What must the club demonstrate to successfully argue that Mr. Bloggs' out-of-hours conduct constitutes a breach of contract?
What must the club demonstrate to successfully argue that Mr. Bloggs' out-of-hours conduct constitutes a breach of contract?
Unlike purely out-of-hours conduct, actions in the ______ are more likely to be considered a breach of contract for a high-profile player like Mr. Bloggs.
Unlike purely out-of-hours conduct, actions in the ______ are more likely to be considered a breach of contract for a high-profile player like Mr. Bloggs.
Match each factor with its relevance in determining whether Mr. Bloggs' conduct constitutes a breach of contract:
Match each factor with its relevance in determining whether Mr. Bloggs' conduct constitutes a breach of contract:
What legal principle traditionally gives employers more leeway in directing employees regarding where they can be sent to work?
What legal principle traditionally gives employers more leeway in directing employees regarding where they can be sent to work?
Post-COVID, it is always unlawful and unreasonable for employers to direct employees to return to the office if their work can be done from home.
Post-COVID, it is always unlawful and unreasonable for employers to direct employees to return to the office if their work can be done from home.
Aside from individual contracts, what other mechanism might provide employees with a right to elect to work from home, even if the employer prefers them in the office?
Aside from individual contracts, what other mechanism might provide employees with a right to elect to work from home, even if the employer prefers them in the office?
Under the Fair Work Act, employees with ______ have a right to request flexible working arrangements.
Under the Fair Work Act, employees with ______ have a right to request flexible working arrangements.
Match each term with its legal consequence in the context of workplace location:
Match each term with its legal consequence in the context of workplace location:
What legal concept is NOT directly tied to the Fair Work Act?
What legal concept is NOT directly tied to the Fair Work Act?
A true fixed-term contract includes a notice period.
A true fixed-term contract includes a notice period.
What legal doctrine might apply if the work an employee was hired to do becomes prohibited by law?
What legal doctrine might apply if the work an employee was hired to do becomes prohibited by law?
Repeated low-level breaches of contract can become ______, allowing the other party to end the contract.
Repeated low-level breaches of contract can become ______, allowing the other party to end the contract.
Match each concept with its definition:
Match each concept with its definition:
According to the content, why does the Fair Work Act build upon the common law regarding termination of employment?
According to the content, why does the Fair Work Act build upon the common law regarding termination of employment?
Under common law in Australia, an employer must provide reasons for terminating an employee's contract.
Under common law in Australia, an employer must provide reasons for terminating an employee's contract.
What is the primary remedy available to an employee who has been wrongfully dismissed under common law?
What is the primary remedy available to an employee who has been wrongfully dismissed under common law?
Unlike in Malik's case in the UK, Australian common law traditionally barred claims for damages related to ______ resulting from wrongful dismissal.
Unlike in Malik's case in the UK, Australian common law traditionally barred claims for damages related to ______ resulting from wrongful dismissal.
Match each term with its typical outcome or characteristic in termination cases:
Match each term with its typical outcome or characteristic in termination cases:
What key aspect of the case Alicia v Vision Australia represents a significant shift in Australian employment law?
What key aspect of the case Alicia v Vision Australia represents a significant shift in Australian employment law?
After Alicia v Vision Australia, it is expected that employers will generally be more hesitant to incorporate policies and procedures into employment contracts.
After Alicia v Vision Australia, it is expected that employers will generally be more hesitant to incorporate policies and procedures into employment contracts.
Under the Fair Work Act, what is the general limit on the duration of new fixed-term or contingent contracts?
Under the Fair Work Act, what is the general limit on the duration of new fixed-term or contingent contracts?
The statutory limits on fixed-term contracts do not apply if the employee's salary is over the ______.
The statutory limits on fixed-term contracts do not apply if the employee's salary is over the ______.
Match each circumstance with its potential impact on employment termination:
Match each circumstance with its potential impact on employment termination:
What describes 'at-will employment'?
What describes 'at-will employment'?
Statutory minimum notice periods are always longer than implied or agreed upon notice periods under common law?
Statutory minimum notice periods are always longer than implied or agreed upon notice periods under common law?
What action must an employee take to rescind a resignation effectively?
What action must an employee take to rescind a resignation effectively?
Rather than managerial control, the Fair Work Act attempts to rebalance things with some predictability and ______ for the average employee.
Rather than managerial control, the Fair Work Act attempts to rebalance things with some predictability and ______ for the average employee.
With respect to unfair dismissal, match each term with its significance in relation to termination:
With respect to unfair dismissal, match each term with its significance in relation to termination:
Which action can the Fair Work Ombudsman assist an employee with?
Which action can the Fair Work Ombudsman assist an employee with?
If an high-wage employee's contract is fixed-term, fixed-wage (for a number of years), a bank or mortgage lender would generally approve the employee's loan application.
If an high-wage employee's contract is fixed-term, fixed-wage (for a number of years), a bank or mortgage lender would generally approve the employee's loan application.
To successfully rescind a resignation, one must be able to characterize it as being done 'in the [blank]'.
To successfully rescind a resignation, one must be able to characterize it as being done 'in the [blank]'.
______ doctrine may apply if the contract becomes hard to perform.
______ doctrine may apply if the contract becomes hard to perform.
Match each termination/cessation of employment with a description
Match each termination/cessation of employment with a description
In the context of employment contracts, what does 'repudiation' by an employer typically involve?
In the context of employment contracts, what does 'repudiation' by an employer typically involve?
Under common law, an employer can explicitly state that an employee is terminated and prevent them from working during the notice period, while still fulfilling their contractual obligations by providing pay in lieu of notice.
Under common law, an employer can explicitly state that an employee is terminated and prevent them from working during the notice period, while still fulfilling their contractual obligations by providing pay in lieu of notice.
What is 'constructive dismissal' under common law, and what must an employee demonstrate to claim it?
What is 'constructive dismissal' under common law, and what must an employee demonstrate to claim it?
A contract can be frustrated by circumstances such as the ______ of a sole employer, which makes the continuation of the contract impossible.
A contract can be frustrated by circumstances such as the ______ of a sole employer, which makes the continuation of the contract impossible.
Match common law remedies for breach of contract with their descriptions:
Match common law remedies for breach of contract with their descriptions:
What is the significance of the Alicia and Vision Australia case in relation to common law remedies for breach of employment contract?
What is the significance of the Alicia and Vision Australia case in relation to common law remedies for breach of employment contract?
If an employee is summarily dismissed for gross misconduct, the employer is still legally obligated to provide the minimum statutory notice period as defined by the Fair Work Act.
If an employee is summarily dismissed for gross misconduct, the employer is still legally obligated to provide the minimum statutory notice period as defined by the Fair Work Act.
Describe the circumstances under which an employee's 'abandonment' of employment may be considered a repudiation of contract.
Describe the circumstances under which an employee's 'abandonment' of employment may be considered a repudiation of contract.
The doctrine of ______ may apply when unforeseen circumstances render a contract impossible to perform, even if neither party is at fault.
The doctrine of ______ may apply when unforeseen circumstances render a contract impossible to perform, even if neither party is at fault.
Match the termination event with its description:
Match the termination event with its description:
Which of the following is the MOST accurate description of 'at-will employment' in the context of labor law?
Which of the following is the MOST accurate description of 'at-will employment' in the context of labor law?
The Fair Work Act provides an exhaustive list of circumstances under which an employer can terminate an employee's contract.
The Fair Work Act provides an exhaustive list of circumstances under which an employer can terminate an employee's contract.
Explain how a 'probationary period' affects an employee's rights in the event of termination.
Explain how a 'probationary period' affects an employee's rights in the event of termination.
In cases of constructive dismissal, the employee must demonstrate that the ______ breached a fundamental term of the employment contract.
In cases of constructive dismissal, the employee must demonstrate that the ______ breached a fundamental term of the employment contract.
Match the example scenario with what conduct would be considered:
Match the example scenario with what conduct would be considered:
In what way did Fair Work Act attempt to change the Common Law?
In what way did Fair Work Act attempt to change the Common Law?
The amount of damages that can be recovered at common law upon wrongful termination is unlimited.
The amount of damages that can be recovered at common law upon wrongful termination is unlimited.
What factors does the common law consider when determining a 'reasonable' notice period?
What factors does the common law consider when determining a 'reasonable' notice period?
An employer cannot get injunction to force the employee to continue working for someone, they're is providing a ______.
An employer cannot get injunction to force the employee to continue working for someone, they're is providing a ______.
Match terms and what they relate:
Match terms and what they relate:
Which of the following statements is correct in light of Alicia and Vision Australia?
Which of the following statements is correct in light of Alicia and Vision Australia?
The High Court can not reshape contract law.
The High Court can not reshape contract law.
Does the parliament provide some provisions?
Does the parliament provide some provisions?
As a general rule, employers should enter into new contracts that will last beyond ______.
As a general rule, employers should enter into new contracts that will last beyond ______.
Associate this term with its context:
Associate this term with its context:
Can an employee sue?
Can an employee sue?
High level of skills have a higher notice period.
High level of skills have a higher notice period.
What is significant about 45?
What is significant about 45?
Getting marched to the doors is considered ______.
Getting marched to the doors is considered ______.
Match with correct context:
Match with correct context:
Why is common law seen to have a problem?
Why is common law seen to have a problem?
It is important to ignore tutorials.
It is important to ignore tutorials.
Can legal advice be included in the answer?
Can legal advice be included in the answer?
A Practical problem is that the ______.
A Practical problem is that the ______.
Matching the types of tests of termination to its description
Matching the types of tests of termination to its description
Which situation is most likely to be subject to Fair Work?
Which situation is most likely to be subject to Fair Work?
Economic transactions occur most of the time with statutory law.
Economic transactions occur most of the time with statutory law.
Is this law likely to experience any future amendment?
Is this law likely to experience any future amendment?
Remember this important point of ______.
Remember this important point of ______.
Which of the following factors would most strongly suggest that an employer's out-of-hours conduct policy could be applied to discipline an employee?
Which of the following factors would most strongly suggest that an employer's out-of-hours conduct policy could be applied to discipline an employee?
An honorary position, such as a club captain, is generally considered a guaranteed contractual right for an athlete.
An honorary position, such as a club captain, is generally considered a guaranteed contractual right for an athlete.
What is the primary legal challenge in disciplining an employee for out-of-hours conduct?
What is the primary legal challenge in disciplining an employee for out-of-hours conduct?
An explicit contractual term that prohibits an athlete from bringing the game or club into public _________ strengthens the club's ability to discipline the athlete for misconduct.
An explicit contractual term that prohibits an athlete from bringing the game or club into public _________ strengthens the club's ability to discipline the athlete for misconduct.
Match the following employment scenarios with their legal implications:
Match the following employment scenarios with their legal implications:
Which factor most significantly influences the determination of a 'reasonable notice period' at common law?
Which factor most significantly influences the determination of a 'reasonable notice period' at common law?
A true fixed-term contract typically includes a notice period.
A true fixed-term contract typically includes a notice period.
Define 'repudiation' in the context of employment contracts.
Define 'repudiation' in the context of employment contracts.
__________ dismissal is the term used when an employer terminates an employee's contract without providing the required notice due to the employee's serious misconduct.
__________ dismissal is the term used when an employer terminates an employee's contract without providing the required notice due to the employee's serious misconduct.
Match the following termination types with their definitions:
Match the following termination types with their definitions:
What is the significance of the Alicia v Vision Australia case in Australian employment law?
What is the significance of the Alicia v Vision Australia case in Australian employment law?
Under the Fair Work Act, an employer can always choose to pay out the notice period instead of requiring the employee to work through it, even if it is not in the contract.
Under the Fair Work Act, an employer can always choose to pay out the notice period instead of requiring the employee to work through it, even if it is not in the contract.
What is required for an employee's resignation to be considered reversible under common law?
What is required for an employee's resignation to be considered reversible under common law?
Under Section 333EG, is it permitted for temporary staffing purposes to be more than 2 years for staff that are not already under the salary cap unless there is the use of __________.
Under Section 333EG, is it permitted for temporary staffing purposes to be more than 2 years for staff that are not already under the salary cap unless there is the use of __________.
Match the following scenarios with the correct action under common Law:
Match the following scenarios with the correct action under common Law:
Which of the following is NOT an exception to the new limits on the use of fixed-term contracts under the Fair Work Act?
Which of the following is NOT an exception to the new limits on the use of fixed-term contracts under the Fair Work Act?
The Alicia vs vision Austraila decision has lead to employers being weary of policy creation, as well as the implementation of disclaimers for potential court.
The Alicia vs vision Austraila decision has lead to employers being weary of policy creation, as well as the implementation of disclaimers for potential court.
What is abandonment in employment law?
What is abandonment in employment law?
The use of At-Will employemnt shows what kind of benifit to the employer__________.
The use of At-Will employemnt shows what kind of benifit to the employer__________.
Match the description of the employee to their given minimum statutory notice period
Match the description of the employee to their given minimum statutory notice period
Flashcards
Employment Ends by Agreement
Employment Ends by Agreement
Employment ends through mutual agreement, like giving notice or the natural end of a fixed-term contract.
Employment Ends by Operation of Law
Employment Ends by Operation of Law
Employment ends due to legal factors (company liquidation), impossible situations, or activities ruled as illegal.
Employment Ends Without Notice
Employment Ends Without Notice
Termination without notice occurs through repudiation, summary dismissal by the employer, or constructive dismissal sought by the employee.
Wrongful Dismissal Claim
Wrongful Dismissal Claim
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Employment Contract Damages
Employment Contract Damages
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Limits on Fixed-Term Contracts
Limits on Fixed-Term Contracts
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Termination Notice
Termination Notice
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Minimum Notice Period
Minimum Notice Period
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Sliding Scale (Notice)
Sliding Scale (Notice)
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Causes of Action
Causes of Action
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Mr. Bloggs
Mr. Bloggs
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Bringing the Club into Disrepute
Bringing the Club into Disrepute
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D-head Policy
D-head Policy
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Directing Employees Back
Directing Employees Back
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Right to Request Flexible Arrangements
Right to Request Flexible Arrangements
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Probation
Probation
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Doctrine of Frustration
Doctrine of Frustration
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Repudiation
Repudiation
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Summary Dismissal
Summary Dismissal
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Abandonment
Abandonment
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Gross Misconduct
Gross Misconduct
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Procedural Justice
Procedural Justice
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Common Law Remedies
Common Law Remedies
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Alicia and Vision Australia
Alicia and Vision Australia
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At-Will Employment
At-Will Employment
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Study Notes
Termination of Employment
- Focus is on employment endings, dismissal rights, common law claims, FWA limits on fixed-term contracts, and notice periods.
- Unfair dismissal, unlawful termination, and redundancy entitlements are covered later.
How Employment Ends
- Employment ends by agreement, notice, fixed-term elapse, or de-rostering true casuals.
- Termination occurs by operation of law, like company liquidation, frustration, or illegality.
- Employment ends without notice for repudiation by either side, employer's 'summary dismissal' right, or employee's 'constructive dismissal' right, including abandonment.
Rugby Star Example
- Mr. Bloggs, a rugby star and club captain, had his contract renewed in 2022 for 5 years at $600,000 per annum.
Implications of Conduct on Contract
- A video circulated showing Bloggs drunk, naked, and simulating sex acts with a football.
- The question is whether Bloggs breached any implied obligation, like duty of loyalty or proper conduct.
- Out-of-hours conduct can be a breach if it impacts employment relationships or the employer's reputation.
- It's debatable whether Bloggs' conduct, though embarrassing, necessarily impacts the club's reputation.
Club Captain Higher Duties
- As club captain, Bloggs has higher duties compared to a junior player.
- The key is finding a necessary connection between his conduct and his obligations to the club.
- If the contract included a term against bringing the game or club into disrepute, it would be easier to argue a breach.
Management of Breach
- Instead of dismissal, the club could require alcohol counseling or community service.
- Losing the club captain position is another possibility.
- Elite sports contracts often have clauses to avoid fuzzy arguments about proper conduct.
- If Bloggs didn't positively share the video, it could be argued as purely out-of-hours conduct.
Hypothetical scenario
- If simulating sex acts with a football was illegal, it would more clearly invoke breach of proper conduct.
- Public conduct is viewed similarly to sharing on social media.
- Clubs might have a "Dhead policy" for cleaning things up.
Place of Physical Work
- Traditional problem of physical work location is being reevaluated post-COVID
- Shift to location no longer mattering for certain types of information work
Lawful & Reasonable For Employers
- Is directing employee back to the office lawful and reasonable, despite performing the same task to the same standards from home?
- Traditionally the High Court would side with managerial prerogative.
- Unions are fighting test cases for modern awards and Fair Work Commission to implement rights to elect to work from home if work can be sufficiently done from home.
Flexible working conditions
- Fair Work Act provides rights to request flexible working arrangements if the worker has carer responsibilities
- It is on a case to case basis whether denying them working from home is deemed unreasonable
Nature of Modern Law offices
- If the employers want to attract and retain certain types of staff, many of them allow workers to work from wherever you want
- Advice about workplace health & safety conditions when working from home is given to make workers aware
Contract Law
- Fundamentally employers would be able to issue direction to where the worker can work, or be subject to discipline and possible dismissal
- Another example of common law tending to side with managerial prerogative if a matter is otherwise debatable
Termination of Employment
- Focus is on employment endings, dismissal rights, common law claims, FWA limits on fixed-term contracts, and notice periods.
- Unfair dismissal, unlawful termination, and redundancy entitlements are covered later.
How Employment Ends
- Employment ends by agreement, notice, fixed-term elapse, or de-rostering true casuals.
- Termination occurs by operation of law, like company liquidation, frustration, or illegality.
- Employment ends without notice for repudiation by either side, employer's 'summary dismissal' right, or employee's 'constructive dismissal' right, including abandonment.
Probation Within Employment Types
- 'Permanent' employment is ongoing employment.
- Probation is a specific type of employment status.
- Fixed term employment runs for a specific period.
- A 'true' casual role provides no guarantee of ongoing work.
Rationale for Dismissal Rights
- The employment contract is rooted in managerial control.
- Few common law rights exist for employees, with damages for 'wrongful dismissal' typically limited to the notice period or 'summary termination' for serious misconduct.
- The Fair Work Act (FWA) s 381 aims for fairness and offers limited 'job security' through concepts like valid reason, due process, and proportional response.
Wrongful Dismissal/Termination Claim
- Damages can be claimed for dismissal in breach of contract.
- Wrongful dismissal claims are common in cases where an employer breaches fixed term or high-salary contracts.
- Employers often pay out the notice period or the term of contract to resolve terminations.
- 'Summary' termination involves the election to terminate if the other side is in 'fundamental breach' or has 'repudiated' their duties, with no requirement to give notice.
Common Law Remedies
- Damages are usually limited to pre-agreed or 'reasonable notice', varying by seniority, length of service, and rarity of skills.
- An employee must accept repudiation and seek new work, as seen in Automatic Fire Sprinklers v Watson (1946).
- Traditionally, damages for distress and reputation were not awarded, as per Addis v Gramophone (1908), but this has changed as seen in Elisha v Vision Australia [2024].
- Equity is very reluctant to bind parties to a contract of 'personal service'.
Elisha v Vision Australia: [2024] HCA 50
- Elisha worked 9 years with Vision Australia (VA).
- A hotel proprietor claimed Elisha was 'intimidating' during a work trip.
- Elisha was suspended pending investigation and dismissed within 10 days.
- The manager described a 'pattern of aggression' by Elisha but didn't convey this to Elisha, breaching the 'Disciplinary Procedure' incorporated into the contract.
- Elisha developed serious depression as a result.
- The trial judge called the investigation a 'disgrace' and awarded $1.4m in damages for breach of contract.
- Vision Australia cited Addis as a bar to non-economic loss, but the High Court of Australia (HCA) found Addis to no longer be a law in Australia as psychological injury was foreseeable.
- It remains unclear if the implied duty of care covers investigations, not just workplace safety.
Fixed and Contingent Term Contract Limitations
- Employers generally cannot enter new, non-ongoing contracts beyond 2 years.
- Limitations cover whether a single fixed term, or one with the option to extend, or a repeat/consecutive term (for substantially same position), exceeding 2 years
- Many exceptions exist in situations such as: Salary over the 'high income threshold'; 'Distinct task' needing 'specialised skills'; Essential work demand or to fill temporary absence; Government grant; If allowed by Award or Regulation.
Causes of Action under Fair Work Act
- Termination without minimum notice (s 117).
- Unfair Dismissal (s 385)
- Adverse Action (Part 3-1) covers cases of victimisation or discrimination
Minimum Notice for Permanent Employment
- The sliding scale states employee should receive less than 1 year service = 1 weeks notice, > 5 years service = 4 weeks notice, and an extra week if over 45 and >2 years service.
- Common law implies 'reasonable' notice if a contract is silent.
- Fair Work Act (FWA) scale serves as a minimum requirement.
- Higher notice periods may be agreed upon or implied for senior jobs and professions.
- FWA gives the employer the right to pay out notice, which applies to both sides, including an employee who is leaving.
Can a Unilateral Termination be 'Reversed'?
- Reversal is only possible if the termination occurred in the 'heat of the moment' and is revoked quickly.
Common Law in Context
- Common law defines 'at will' employment as being employed with very short notice period.
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