HD (85) Structured Employment Law notes that will help you in your exam!

Description

I used only these notes to achieve a 85 in employment law. The notes are very structured and colour coordinated which will help you under the time pressure of the exam. If you require further detail, some topics have cases in extra detail underneath. The following topics are covered: 1. Contractors v employees - Why the difference matters - The test - Unfair contracts for contractors - Sham contracting - Accessorial liability, franchisor responsibilities, and joint liability 2. Forming an employment contract - Key and optional terms in employment contracts - Formation of employment contractors - Types of employment - Flexible work arrangements 3. Sources of Employment Regulations and Minimum Employment Standards - National Employment Standards - Modern Awards - Enterprise Agreements 4. Terms of Employment Contracts - Express terms - Companies policies and procedures as terms of employment contracts - Implied terms - Varying the terms of employment contracts - Employment contracts and NES, MAs, and EAs 5. Employee duties - General principles and background - Duty to obey lawful and reasonable orders - Out of hours conduct - Duty of fidelity and good faith - Duty to exercise reasonable care and skill - Duty requiring employees to hold inventions created in the course of performing their employment . - Duty not to misuse or disclose confidential information - Post-employment restraints or restrictive covenants) - Mutual duties 6. Employer's implied duties - Wage setting - Work/wages bargain - Duty to provide work 7. Unfair dismissal - Time limit - Jurisdiction requirements - Remedies - Process 8 part 1. Termination at common law 8 part 2. Remedies for termination at common law 9. General protections (adverse action) - The rule - Procedure - Costs - Remedies - Other claims (coercion, undue influence, pressure, misrepresentation, industrial action protected, protection against discrimination). 10. Anti-discrimination and bullying protections - Includes notes for vicarious liability for sexual harassment and victimisation