Employee Protection at Common Law (Monographs on Australian Labour Law)

Riley's book has two main aims: to identify the tools available in the Australian legal system that might ensure fair dealing in work relationships, and to explore how those tools might need to be developed further to create an equitable private law of work in Australia. The book succeeds very well in meeting these aims. ...Riley's passion for her subject and her unashamed commitment to the social and economic importance of fairness at work comes through in her writing. She writes in an easy style that makes the book accessible to those lacking an expert's grasp of the numerous legal principles she covers, while providing plenty of thought-provoking material for the reader with a strong background in workplace law and commercial law. This book is highly recommended for academics, students and legal practitioners practising in workplace and employment law. Law Institute of Victoria, Jan/Feb 2006 [Dr Joellen Riley] is to be congratulated in publishing in this area that is dogged with politics and ideologies. The publication is excellent and timely in seeking to ameliorate the effects of recent workplace reforms by way of common law remedies, that have developed in the contractual arena. Alternative Law Journal, Vol 31:2 June 2006 The book is a provocative reminder that existing legal and equitable principles need to be moulded to the ‘new’ employment relationship and the author provides some useful guidance as to how those arguments might be presented. Given the high cost of litigation on employment contracts (often an ‘access-to-justice’ issue in this area) the book might be of particular benefit to practitioners involved in disputes over questionable terminations involving questions about performance-based remuneration, schemes and entitlements to particular benefits on severance. I would recommend it to anyone regularly practising in this area of the law. Michael Daly, Law Letter No 92 (Tasmanian Law Society) Winter 2006 Joellen Riley argues convincingly that what might ensue [from the closure of roads to the state industrial tribunals via the Work Choices Act] is the development of an equitable private law of work relationships. Underpinning this well-researched project is the recognition that, since employment contracts are relational in substance and rarely negotiated by parties with equivalent bargaining power, classical contract theory (which assumes freedom of contract) may not sufficiently protect the mistreated employee. As Riley demonstrates, the willingness of Australian courts to look beyond the written terms of employment contracts and to require employers in appropriate circumstances to constrain the exercise of their discretion is clear. … Riley’s comments are highly topical. Riley explores the frontiers of Australian employment law and finds numerous common law and equitable doctrines (such as good faith in contractual performance, unconscionable dealing and common law duress) which have scope for further development, as well as certain statutory remedies which have been underutilised (such as those under the Trade Practices Act 1974). The law of post-employment restraints is also highlighted as being of increasing relevance … Illustrative case-law examples make this a very readable resource. NSW Law Society Journal, Vol 44(3), April 2006