Rethinking the employer's summary dismissal power in the employment contract

 The principal subject of this thesis is the employer’s summary dismissal power under Australian contract law. Summary dismissal is by far the most brutal way that an employment relationship may end. Its suddenness can have long-lasting economic and psychological impacts upon the dismissed employee. However, the area has been neglected in legal scholarship. The result of this is that issues arising from the jurisprudence have not been the subject of critique and scrutiny, until now. This thesis addresses this gap in the scholarship. The thesis also proposes a new approach to resolving these disputes based on the proportionality concept. An employer's decision to dismiss its employees in this way should be commensurate to the detriment caused by the employee's actions. Therefore, one 'should not use a sledgehammer to crack a nut.'

Neoliberalism, economic restructuring and policy change: precarious housing and precarious employment in Australia

 Housing, employment and economic conditions in many nations have changed greatly over the past decades. This paper explores the ways in which changing housing markets, economic conditions and government policies have affected vulnerable individuals and households, using Australia as a case study. The paper finds a substantial number and proportion of low income Australians have been affected by housing and employment that is insecure with profound implications for vulnerability. Importantly, the paper suggests that in Australia the economic gains achieved as a consequence of mining-related growth in the early 2000s were translated as greater employment security for some on low incomes, but not all. Enhanced access to employment in this period was differentiated by gender, with women largely missing out on the growth in jobs. For the population as a whole, employment gains were offset by increased housing insecurity as accommodation costs rose. The paper finds low income lone parents were especially vulnerable because they were unable to benefit from a buoyant labour market over the decade 2000–2010. They were also adversely affected by national policy changes intended to encourage engagement with paid work. The outcomes identified for Australia are likely to have been mirrored in other nations, especially those that have embraced, or been forced to adopt, more restrictive welfare and income support regimes.

Itinerant foreign harvest workers in Australia: the impact of precarious employment on occupational safety and health

Horticulture work in many high-income economies is increasingly performed by temporary migrant workers from low-wage economies. In Australia, such work is now performed predominantly by international backpackers – young well-educated workers with mostly sound English language skills. These workers are drawn to harvesting work by a government scheme which provides an incentive for completing a specified number of days work in horticulture. This article examines the health and safety experience of these workers, through focus groups, interviews and an online survey. Notwithstanding their distinctive backgrounds, the harvesting experience of these temporary migrant workers is similar to that of low-skilled migrants working in other high-income countries. Health and safety risks associated with work organisation and payment systems, and a lack of compliance with OHS legal requirements, are commonplace but potentially compounded by a sense of invincibility amongst these young travellers. Furthermore, a growing pool of undocumented workers is placing downward pressures on their employment conditions. The vulnerability associated with work and earnings uncertainty, and the harsh environment in which harvesting work occurs, remains a constant notwithstanding the background of these workers.

International education, the formation of capital and graduate employment : Chinese accounting graduates’ experiences of the Australian labour market

Since the late 1970s, international education has steadily gained in popularity in China.An emerging middle class seeks to strengthen its position in China’s rapidly stratifyingsociety under its socialist market economy with the shift from wealth creation for all towealth concentration for a few. Previously, a foreign qualification was considered apassport to success in either the host or home country’s labour market. But the growingpopularity of overseas study, coupled with the massification of the Chinese highereducation, means Chinese international students are seeking to distinguish themselvesin an increasingly competitive global labour market. This longitudinal study of internationalgraduates, backgrounded by Australian employer perceptions, examines thejourneys of 13 Chinese accounting graduates as they attempt to transition from anAustralian university into the Australian labour market. Bourdieu’s thinking tools offield, capital, disposition and habitus are utilised to consider how different cultural,social and linguistic capitals inform employer understandings of ‘employability’ meantChinese accounting graduates significantly adjusted their life goals.

Data clustering using side information dependent Chinese restaurant processes

Side information, or auxiliary information associated with documents or image content, provides hints for clustering. We propose a new model, side information dependent Chinese restaurant process, which exploits side information in a Bayesian nonparametric model to improve data clustering. We introduce side information into the framework of distance dependent Chinese restaurant process using a robust decay function to handle noisy side information. The threshold parameter of the decay function is updated automatically in the Gibbs sampling process. A fast inference algorithm is proposed. We evaluate our approach on four datasets: Cora, 20 Newsgroups, NUS-WIDE and one medical dataset. Types of side information explored in this paper include citations, authors, tags, keywords and auxiliary clinical information. The comparison with the state-of-the-art approaches based on standard performance measures (NMI, F1) clearly shows the superiority of our approach.