A New Approach to Corporate Structures Involved in Labour Law Breaches

Australian Journal of Labour Law, Vol 32, No. 1 (2019), 23-40

U of Melbourne Legal Studies Research Paper No. 855

16 Pages Posted: 12 Nov 2019

Date Written: November 12, 2019

Abstract

Employers may sometimes deliberately choose to structure their business operations in a way that puts their assets beyond the reach of employee claims. The legally liable company may use liquidation to frustrate recovery action by the Fair Work Ombudsman. This article urges those engaged in law reform to look beyond the form of these arrangements and instead to focus on their substance.

Keywords: labour law, Fair Work Ombudsman, corporation

JEL Classification: K31

Suggested Citation

Anderson, Helen L., A New Approach to Corporate Structures Involved in Labour Law Breaches (November 12, 2019). Australian Journal of Labour Law, Vol 32, No. 1 (2019), 23-40, U of Melbourne Legal Studies Research Paper No. 855, Available at SSRN: https://ssrn.com/abstract=3485383

Helen L. Anderson (Contact Author)

Melbourne Law School ( email )

University of Melbourne
Melbourne, 3010
Australia
+61 3 90355467 (Phone)

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