Employees and Indemnities

Journal of Contract Law, Vol. 27, p. 18, 2011

17 Pages Posted: 19 Jul 2011

See all articles by Andrew Stewart

Andrew Stewart

Adelaide Law School

Beth Nosworthy

University of Adelaide - School of Law

Date Written: July 30, 2010

Abstract

This article discusses the circumstances in which employees can be, or can insist on being, indemnified by their employer against expenses or liabilities incurred in connection with their job. It suggests that there is scope at common law for a broader view as to the 'necessity' for an implied right of indemnification. It also questions whether the restrictions imposed by statutes such as the Corporations Act on the indemnification of employees who are also directors or officers of a corporation should be re-evaluated so as to better align with the common law position.

Keywords: employees, indemnity, common law, director, officer, corporation, corporations act

Suggested Citation

Stewart, Andrew and Nosworthy, Beth, Employees and Indemnities (July 30, 2010). Journal of Contract Law, Vol. 27, p. 18, 2011, Available at SSRN: https://ssrn.com/abstract=1887944

Andrew Stewart

Adelaide Law School ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

Beth Nosworthy (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia
8303 5063 (Phone)
8303 4344 (Fax)

HOME PAGE: http://www.law.adelaide.edu.au/

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