Executive Employment Grievances Brought under the Fair Work Act: A New Challenge to Orthodox Contract Law

Riley Munton, J

Executive Employment Grievances Brought under the Fair Work Act: A New Challenge to Orthodox Contract Law

Riley Munton, J

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Publisher:: Elsevier
Publication Type:: Journal Article
Citation:: Journal of Contract Law, 2021, 37, (1), pp. 105-121
Issue Date:: 2021-02-01

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Field	Value	Language
dc.contributor.author	Riley Munton, J
dc.date.accessioned	2021-02-17T06:05:21Z
dc.date.available	2021-02-17T06:05:21Z
dc.date.issued	2021-02-01
dc.identifier.citation	Journal of Contract Law, 2021, 37, (1), pp. 105-121
dc.identifier.issn	1030-7230
dc.identifier.uri	http://hdl.handle.net/10453/146177
dc.description.abstract	A provision in the Fair Work Act 2009 (Cth) has become a common feature of litigation between senior managerial staff and their employers when executive employment contracts have been terminated. The ‘general protection’ against adverse action taken because an employee has made a complaint or inquiry ‘in relation to his or her employment’ has been used to seek remedies (such as reinstatement and penalties) which would be remarkable if pursued for a breach of the employment contract itself. A number of recent cases demonstrate the potency of this statutory provision to disrupt those orthodox principles of employment contract law that we might otherwise have assumed must apply in the case of high income earners who are excluded from many other protections in the Fair Work Act.
dc.language	en
dc.publisher	Elsevier
dc.relation.ispartof	Journal of Contract Law
dc.rights	info:eu-repo/semantics/restrictedAccess
dc.subject	1801 Law
dc.title	Executive Employment Grievances Brought under the Fair Work Act: A New Challenge to Orthodox Contract Law
dc.type	Journal Article
utslib.citation.volume	37
utslib.for	1801 Law
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney
utslib.copyright.status	closed_access	*
pubs.consider-herdc	false
dc.date.updated	2021-02-17T06:05:11Z
pubs.issue	1
pubs.publication-status	Published
pubs.volume	37
utslib.citation.issue	1

Abstract:

A provision in the Fair Work Act 2009 (Cth) has become a common feature of litigation between senior managerial staff and their employers when executive employment contracts have been terminated. The ‘general protection’ against adverse action taken because an employee has made a complaint or inquiry ‘in relation to his or her employment’ has been used to seek remedies (such as reinstatement and penalties) which would be remarkable if pursued for a breach of the employment contract itself. A number of recent cases demonstrate the potency of this statutory provision to disrupt those orthodox principles of employment contract law that we might otherwise have assumed must apply in the case of high income earners who are excluded from many other protections in the Fair Work Act.

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http://hdl.handle.net/10453/146177