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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.

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Title Rethinking the employer's summary dismissal power in the employment contract
Author Lambropoulos, VictoriaORCID iD for 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 DanORCID iD for 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 ┬ęThe 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
Collections: Higher degree theses (full text)
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Created: Tue, 27 Oct 2015, 14:30:51 EST by Kate Percival

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.