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Words: | Submitted: Mon Jun 19 2006
... has intensified'3 to such an extent that 'the incidence of psychiatric injury due to excessive stress has increased'4. Statutory regimes have been introduced, providing for specialist tribunals to hear disputes regarding employment relationships. These statutory regimes have emerged from a recognition of the changes in the nature of the employment environment and have sought to grant remedies that reflect current industrial and commercial reality5. Constrained by the historical evolution of the law of employment, in Australia, the common law has struggled to maintain its currency with regard to the damages available to an employee wrongfully dismissed, despite moves in other jurisdictions to cast away the shackles of Addis. Addis v. Gramophone Mr Addis was employed as Gramophone Co Ltd's manager in Calcutta. As stipulated in his contract of employment, Gramophone Co terminated his employment with six months notice, appointing another manager and preventing him from carrying out his duties as manager. ...
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