Common law versus statutory regulation of individual labour rights in Australia: how is the public interest best served?

Sundra-Karean, Vanitha (2012) Common law versus statutory regulation of individual labour rights in Australia: how is the public interest best served? In: 6th Australian Labour Law Association Biennial Conference (ALLA 2012): Working in the Public Interest, 16-17 Nov 2012, Canberra, Australia.

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Abstract

This paper argues that the focus of Australian labour law on statutory regulation of individual employment norms has resulted in an over-dependence on statutory solutions to workers' problems. While it is acknowledged that the role of Parliament is crucial to the evolution and maintenance of workers' rights, a political climate which lends itself to ideologically divergent legislative reforms within short spans of time often robs the discipline of its stability and growth if indeed such stability is founded upon legislation. However, if there exists a legal framework apart from legislation, which provides the foundation and ability to initiate juridical development, as is the role of the common law, the result will be an enrichment of the law. I will, in this paper analyse the judicial construct of individual employment law in Australia through an analysis of selected judicial decisions. The focus of the discussion will be upon employment law theories and implied terms. The Australian judicial approach will be contrasted with the approach in other common law jurisdictions. The aim of this paper is to discover areas of potential case law development as it is believed that the public interest is best served by legislative reform built upon a solid common law foundation of individual employment rights rather than case law built around legislative provisions.

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Item Type:	Conference or Workshop Item (Commonwealth Reporting Category E) (Paper)
Refereed:	No
Item Status:	Live Archive
Faculty/School / Institute/Centre:	Historic - Faculty of Business and Law - School of Law
Date Deposited:	15 Aug 2014 04:09
Last Modified:	15 Sep 2017 03:42
Uncontrolled Keywords:	Australia; government policy; employment law
Fields of Research :	16 Studies in Human Society > 1605 Policy and Administration > 160510 Public Policy 17 Psychology and Cognitive Sciences > 1701 Psychology > 170107 Industrial and Organisational Psychology 18 Law and Legal Studies > 1801 Law > 180118 Labour Law
Socio-Economic Objective:	E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI:	http://eprints.usq.edu.au/id/eprint/22564

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