Major court and tribunal decisions in Australia in 2015

被引:6
|
作者
Sutherland, Carolyn [1 ,2 ]
Riley, Joellen [3 ]
机构
[1] Monash Univ, Dept Business Law & Taxat, Res, Clayton, Vic 3800, Australia
[2] Monash Univ, Dept Business Law & Taxat, Workpl & Corp Law Res Grp, Clayton, Vic 3800, Australia
[3] Univ Sydney, Fac Law, Sydney, NSW 2006, Australia
关键词
Adverse action; employment; enterprise agreements; Fair Work Act; freedom of association; independent contractors; labour law; unfair dismissal; workplace bullying;
D O I
10.1177/0022185615625650
中图分类号
F24 [劳动经济];
学科分类号
020106 ; 020207 ; 1202 ; 120202 ;
摘要
A number of significant Federal Court and Fair Work Commission decisions decided in 2015 reveal the approach that each institution (the court on one hand and an administrative tribunal on the other) has taken to the interpretation and application of important workplace law principles and rules. These include the abiding question of who is an employee' and therefore covered by workplace laws; how the General Protections in the Fair Work Act should operate; what constitutes fair' treatment for the purposes of the Commission's unfair dismissal and workplace bullying jurisdictions; and how flexibly (or technically) the rules for enterprise bargaining should be applied.
引用
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页码:388 / 401
页数:14
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