Industrial Action and Unemployment Income Support

(2002) 15(1) Australian Journal of Labour Law 40-68

28 Pages Posted: 8 Aug 2018

Date Written: 2002

Abstract

While the law relating to industrial action is one of the core topics of Australian labour law, one relevant area has received insufficient attention, namely, the disqualification that applies to claimants for unemployment income support whose unemployment was due to their engagement in industrial action or due to their fellow union members taking industrial action. This article attempts to fill part of this gap in the literature by examining the legal material relevant to this disqualification. It, firstly, describes the legislative evolution of the disqualification. It then analyses the relevant case law. This is followed by a brief commentary on the disqualification and the case law which, among other things, identifies the various ways in which the case law diverges from the jurisprudence relating to the contract of employment. The article then canvasses other eligibility conditions which are likely to apply in situations of industrial action.

Suggested Citation

Tham, Joo-Cheong, Industrial Action and Unemployment Income Support (2002). (2002) 15(1) Australian Journal of Labour Law 40-68. Available at SSRN: https://ssrn.com/abstract=3217012

Joo-Cheong Tham (Contact Author)

University of Melbourne ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

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