There has been some movement in two sectors, which are the principal subject of this article. The first is the federal industrial system, which until very recently has provided a marked contrast to its State counterparts by failing to offer much, if any, relief to those workers covered by federal awards whose employment is unfairly terminated. Recent developments suggest that the High Court and the Australian Industrial Relations Commission may be embarking on the long path towards removing the imbalance between those who have access to State jurisdiction and those who do not. The second area for discussion is the action for wrongful dismissal, which has traditionally been worth pursuing only by a small class of employees. With the decision in Gregory v Philip Morris Ltd the utility of the remedies offered by the common law is (or should be) coming under renewed scrutiny.
"New Directions in the Law of Employment Termination,"
Bond Law Review:
2, Article 6.
Available at: http://epublications.bond.edu.au/blr/vol1/iss2/6