Unravelling the muddles of summary dismissal under contracts of employment

Lambropoulos, Victoria 2016, Unravelling the muddles of summary dismissal under contracts of employment, Australian business law review, vol. 44, no. 2, pp. 119-131.

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Title Unravelling the muddles of summary dismissal under contracts of employment
Author(s) Lambropoulos, VictoriaORCID iD for Lambropoulos, Victoria orcid.org/0000-0002-1818-777X
Journal name Australian business law review
Volume number 44
Issue number 2
Start page 119
End page 131
Total pages 13
Publisher Thomson Reuters
Place of publication Sydney, N.S.W.
Publication date 2016-04-29
ISSN 0310-1053
Summary This article seeks to address some fundamental errors in the application of contract law to disputes involving the summary dismissal of employees. The pre-existing law which arose out of the master servant era was not absorbed by the contract paradigm. Instead, remnants of the law remained and is still applied today. The decision of Melbourne Stadiums Ltd v Sautner (2015) 229 FCR 221 demonstrates this where the court relied upon concepts arising out of that time to justify the employer's decision to summarily dismiss an employee. The article also considers some more practical matters if the law was to be modernised to accord more strictly with contract principles. It may not necessarily lead to different outcomes, but it will lead to a more cohesive set of principles and avoid the often jumbled terminology used in employment law disputes.
Language eng
Field of Research 180118 Labour Law
1801 Law
1501 Accounting, Auditing And Accountability
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, Thomson Reuters
Persistent URL http://hdl.handle.net/10536/DRO/DU:30083173

Document type: Journal Article
Collections: Faculty of Business and Law
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