Employee Protection at Common Law

Employee Protection at Common Law explains the potential development of Australian employment contract law, following the deregulatory Workplace Relations reformof the Howard government. Riley makes a case for the development of the same duties of good faith and fair dealing with workplace relations law, as have developed in contemporary Australian commercial law. Chapters include an explanation of the development in employment contract law of the duty of mutual trust and confidence, and its potential to resolve individual workplace disputes over such matters as performance-based pay and termination benefits. This new work provides the first extensive discussion of the application of the doctrine of estoppel in the workplace context. It also includes chapters on unconscionable dealing, restrictive covenants, and the application of the Trade Practices Act 1974 (Cth) to resolve individual employment disputes.