LAW4132 Study Guide - Final Guide: Independent Contractor, Fiduciary, National Employment Standards
Document Summary
The proposed policy is extremely far-reaching because it purports to prohibit comments of any sort about the co or their employment with it". Query whether this fails test of lawful and reasonable orders within the scope of the contract whether policy has the necessary connection to the employment (rose v telstra) and advice to gm accordingly. Discussion of how co policies can be effective to bind new employees eg incorporated by reference in the contract (riverwood). Discussion of policies as lawful & reas orders (james. Boag, woolworths v cameron brown) and how new policies might interact with existing policies and contracts. An emr can dismiss without notice only for serious misconduct or repudiatory breach of the contract (adami v maison de luxe; north v television corp ltd). Arguably a mere breach would not be enough. At common law gems would probably have to give the notice specified in the ee"s contract or specified in s 117 fwa to dismiss lawfully.
