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Bringing the common law into line with the position under the Workplace Relations Act 1996 (Cth) for compensating workers who have been unfairly dismissed. Do you agree?
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As we approach its centenary, the time has come for the High Court to review the House of Lords decision in Addis v. Gramophone Co Ltd [1909] AC 488 and recognise that damages can be recovered for the manner in which an employment contract is brought to an end. This would then bring the common law into line with the position under the Workplace Relations Act 1996 (Cth) for compensating workers who have been unfairly dismissed. Do you agree? Critically evaluate this statement, illustrating your argument with references to relevant case law. Almost a century ago, the House of Lords in Addis v. Gramophone Co Ltd1 confirmed the proposition that a wrongfully dismissed employee cannot obtain damages for injured feelings or distress suffered as a result of a wrongful dismissal. In that time 'there has been a fundamental change in legal culture'2 and in the nature of employment. Employment is no longer...
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