This annual survey of significant court and tribunal decisions in Australia during 2020 considers matters spanning five thematic groupings. First, it addresses decisions that arose in the wake of the Coronavirus pandemic. Secondly, it examines how the common law has developed the National Employment Standards, particularly for low-paid and precariously employed workers, and general protections. Thirdly, it reviews cases concerning the definition of ‘employment’, emphasising that definition’s ongoing arbitrariness. Fourthly, it examines the development of the common law as it relates to the termination of employment, especially in the context of the exercise of academic freedom. Finally, decisions relating to the limits of industrial activity are reviewed.
This chapter makes a case against the use of smart contracts in the context of employment. It discusses the general operation of smart contracts, followed by a consideration of their potential use in employment. With that information as a lens through which to view the remainder of the chapter, four key suggestions are then made as to why smart contracts are not suited to instances of employment. The first is that smart contracts cannot account for an employer’s exercise of the managerial prerogative, which is inherent to employment. Secondly, smart contracts are unsuited to allowing for employers to exercise various types of discretions that tend to be contained under employment contracts, which, in turn, has the potential to unfairly prejudice employees. Thirdly, a smart employment contract is unable to allow an employer to performance manage, discipline and potentially dismiss employees for misconduct, or even to allow employees to respond to such circumstances—all of which are concepts of a strongly subjective nature. Finally, smart contracts are unable to accommodate for certain changes that are cognizant in instances of employment and inherent in the employee’s interests; they are inflexible and contain functional vulnerabilities that would generate unprecedented and unnecessary structural change in workplaces. Put simply, smart contracts are not up to the job of supplanting the existing means of generating a contractual relationship between an employer and employee.
Australian businesses operate within a complex legal environment, so it's important students and professionals understand their legal obligations. Contemporary Australian Business Law is an authoritative text that makes key legal concepts accessible to business students, while maintaining academic rigour. Written for business students new to studying business law, this text introduces the fundamental legal topics encountered in business, including contracts, business structures, taxation, property and employment. Discussion in each chapter strikes a balance between accessibility and detail to assist understanding of these complex legal issues. A hypothetical scenario running through each chapter scaffolds learning and provides relevant real-world examples of the law in practice. Each chapter includes margin definitions, case boxes that guide students through landmark business law cases, and practice problems that test students' ability to apply their knowledge to realistic situations. Written by experts, Contemporary Australian Business Law is an essential introduction to the Australian legal system for business students.
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