Executive Employment Grievances Brought under the Fair Work Act: A New Challenge to Orthodox Contract Law
- Publisher:
- Elsevier
- Publication Type:
- Journal Article
- Citation:
- Journal of Contract Law, 2021, 37, (1), pp. 105-121
- Issue Date:
- 2021-02-01
Closed Access
Filename | Description | Size | |||
---|---|---|---|---|---|
Executive Employment Grievances Brought under the Fair Work Act A New Challenge to Orthodox Contract Law — (2021) 37 JCL 105.pdf | Published version | 123.96 kB |
Copyright Clearance Process
- Recently Added
- In Progress
- Closed Access
This item is closed access and not available.
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.
Please use this identifier to cite or link to this item: