Employment relationship?; the control test explained

  The most fundamental and generally important fair work issue is whether the relationship between parties is that of employment…

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Unsigned employment contracts; what is the effect?

I am sometimes asked (most often when an employee is seeking to evade the effect of a restraint of trade)…

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The concept of “disguised employment”

Contracts of service vs contracts for services; “It is important to bear in mind that there can be no employment…

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Remedies for repudiation or material breach of employment contract

Remedies for repudiation of employment contract “A breach of a contract by repudiation occurs when a party evinces an intention…

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How very droll; the essential elements of an employment relationship

What is required to constitute a legal employment relationship? The elements required in the formation of a contract were set…

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What is required for a legal employment relationship to be formed?

Although not common, some employment law issues revolve around whether or not the relationship between the parties is to be…

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Injunctions to enforce employment obligations

In addition to the right of an employer to seek and if warranted obtain an injunction against an employee to…

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Varying employment conditions; the myths

I am frequently asked by both employers and employees whether an employer can vary conditions of employment in the employment…

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Where to look for employees’ legal duties?

The legal obligations owed by employees to their employers have various sources. They may be express, for example from the…

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Military personnel are not employees

A Full Federal Court has struck out a general protections claim brought by an ex RAAF servicemen on the basis…

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