Rethinking the employer's summary dismissal power in the employment contract Lambropoulos, Victoria 2015, Rethinking the employer's summary dismissal power in the employment contract, PhD thesis, Department of Law, Deakin University. Attached Files Name Description MIMEType Size Downloads Title Rethinking the employer's summary dismissal power in the employment contract Author Lambropoulos, Victoria orcid.org/0000-0002-1818-777X Institution Deakin University School Department of Law Faculty Faculty of Business and Law Degree type Research doctorate Degree name PhD Thesis advisor Bagaric Mirko Meagher Dan orcid.org/0000-0002-1239-2668 Date submitted 2015-06 Keyword(s) summary dismissal law Australia contract law Summary  The principal subject of this thesis is the employer’s summary dismissal power under Australian contract law. Summary dismissal is by far the most brutal way that an employment relationship may end. Its suddenness can have long-lasting economic and psychological impacts upon the dismissed employee. However, the area has been neglected in legal scholarship. The result of this is that issues arising from the jurisprudence have not been the subject of critique and scrutiny, until now. This thesis addresses this gap in the scholarship. The thesis also proposes a new approach to resolving these disputes based on the proportionality concept. An employer's decision to dismiss its employees in this way should be commensurate to the detriment caused by the employee's actions. Therefore, one 'should not use a sledgehammer to crack a nut.' Language eng Field of Research 180118 Labour Law Socio Economic Objective 940599 Work and Institutional Development not elsewhere classified Description of original vi, 7-278 pages Copyright notice ©The Author. All Rights Reserved. Free to Read? Yes Free to Read Start Date 2017-08-16 Persistent URL http://hdl.handle.net/10536/DRO/DU:30079136 Document type: Thesis Collection: Higher degree theses (citation only)   Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved. Versions Version Filter Type Tue, 27 Oct 2015, 14:31:02 EST Fri, 06 Nov 2015, 08:03:19 EST Thu, 03 Dec 2015, 10:18:39 EST Thu, 03 Dec 2015, 10:22:50 EST Thu, 03 Dec 2015, 10:29:39 EST Fri, 04 Dec 2015, 13:06:09 EST Fri, 03 Jun 2016, 11:21:01 EST Thu, 09 Mar 2017, 09:06:49 EST Mon, 31 Jul 2017, 16:40:04 EST Wed, 16 Aug 2017, 15:59:42 EST Wed, 16 Aug 2017, 16:01:37 EST Thu, 26 Jul 2018, 12:06:38 EST Thu, 09 Aug 2018, 09:08:12 EST Fri, 10 Aug 2018, 10:08:38 EST Filtered Full Citation counts:   Cited 0 times in TR Web of Science Cited 0 times in Scopus Search Google Scholar Access Statistics: 234 Abstract Views, 188 File Downloads  -  Detailed Statistics Created: Tue, 27 Oct 2015, 14:30:51 EST by Kate Percival

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