Major court and tribunal decisions in Australia in 2020

Abstract

This annual survey of significant court and tribunal decisions in Australia during 2020 considers matters spanning five thematic groupings. First, it addresses decisions that arose in the wake of the Coronavirus pandemic. Secondly, it examines how the common law has developed the National Employment Standards, particularly for low-paid and precariously employed workers, and general protections. Thirdly, it reviews cases concerning the definition of ‘employment’, emphasising that definition’s ongoing arbitrariness. Fourthly, it examines the development of the common law as it relates to the termination of employment, especially in the context of the exercise of academic freedom. Finally, decisions relating to the limits of industrial activity are reviewed.