The dynamics of common law evolution

In Commonwealth Bank of Australia v. Barker [2014] HCA 32 (Barker) the High Court of Australia held that the implied term of mutual trust and confidence was not part of the law of the employment contract in Australia.This article considers the impact that the decision will have on the position of employees at common law and on the way that the law is likely to develop. It suggests that the impact of Barker may be marginalized by the ever increasing importance of good faith in the law of contract and that in assessing the extent to which the common law affords protection for the interests of employees it is imperative to take account of the obligations imposed by the law of tort. Finally, the article explores the dynamics of common law evolution more generally through the prism of Barker. It is suggested that two key factors in determining the manner in which the law develops are the values espoused by the common law and the extent to which statute is allowed to act as a constraint rather than treated as a catalyst

Fair dealing and the world of work

Traditionally, labour lawyers have held that there is a strict dichotomy between employment and commercial law; they regulate relationships which are different in nature and underpinned by different values. The emergence of the implied obligation of mutual trust and confidence can be portrayed as confirming the validity of that dichotomy. It is the contention of this paper that it is now increasingly the case that contracts for the provision of work are underpinned by shared values. One of the strongest manifestations of this process of harmonisation is the fact that obligations of fair dealing are becoming much more prevalent. The paper contends that where contracts for the provision of work are concerned this is most likely to occur where the relationship can be seen as analogous to employment. The paper explores the difficulties involved in determining whether an analogous relationship exists and goes on to discuss the implications of harmonisation for both the employment contract and the contract for services. The relevance of the emergence of the concept of the relational contract is addressed

Shear-horizontal surface acoustic wave microfluidics for lab-on-chip applications

Surface acoustic wave (SAW) devices based on the piezoelectric principle have been used extensively in telecommunication applications over the last 20 years, but have recently shown promise in the area of biomedical applications due to their efficient micro-fluidic functions and highly sensitive and label-free detection of pathogens, bacteria, cells, DNA and proteins. There are two types of surface acoustic wave modes: i.e., Rayleigh SAW (R-SAW) and shear horizontal SAW (SH-SAW). R-SAW is widely used for microfluidics and sensing in dry conditions, whereas SH-SAW is mainly used for sensing in liquid conditions. This thesis firstly reviewed the current theoretical and research progress related to these devices and application within the biomedical fields to date, and then the SH-SAW was applied into a novel lab-on-chip combining both bio-sensing and micro-fluidic functions. Simulations of the SH-SAW propagation on 36o Y-cut LiTaO3 were undertaken. Results showed a weak vertical wave component, and at a 90° rotation cut, the crystal was able to support a vertical Rayleigh component showing mixed sensing and streaming possibilities on a single crystal. Experimental investigation of the SH-SAW identified the ability for the shear wave to support mixing, pumping, heating, nebulisation and ejection of sessile droplets on the surface of the crystal with a theoretical explanation for the behaviour presented. A comparison with a standard R-SAW devices made of 128o Y-cut LiNbO3 and sputtered ZnO films was performed. This novel behaviour of digital microfludics, i.e., using sessile droplet with the SH-SAW, demonstrated by this work offers the possibility to manufacture a fully integrated micro-fluidic bio-sensing platform using a single crystal to realise a range of micro-fluidic functions

The autonomy of the common law of the contract of employment from the general law of contract

This chapter addresses the relationship between the general principles of contract law and the more specific rules pertaining to the employment contract. The topic is not simply a matter of academic interest. It is important that we understand whether further evolution of the employment contract will be informed by those general principles or a self-contained body of rules. The dynamics of the rule creation process need to be fully understood. The subject is sometimes addressed on the basis that the paramount question is whether the law of the employment contract should be viewed as an instance of general contractual principles or would be better seen as a discrete body of law: `A central dilemma…is the extent to which [the]…law should, on the one hand, borrow from the general law of contract applicable to commercial and consumer contracts, and on the other, differentiate itself from those general rules in order to tailor a special law for the contract of employment.’ This `central dilemma’ is somewhat unhelpful as neither depiction is wholly explicatory. Many of the rules of the employment contract are certainly applications of general principles but, as is the case with all nominate contracts, instances exist of modifications or exceptions. No less significant is the manner in which such modifications and exceptions are likely to evolve and impact on other types of contract or indeed contract law as a whole

Canadian jurisprudence and the employment contract

The jurisprudence of the Canadian Supreme Court has been at the forefront of a judicial conversion to a more progressive view of the employment relationship, which is attuned to key realities such as inequality of bargaining power. The Court’s influence can be seen in the decisions of courts in other jurisdictions such as the UK. The change in outlook has had a discernable impact on doctrinal development. In recent years, the Canadian Supreme Court has elevated the importance of good faith in contract law as a whole. In 2020, in a series of key decisions, the Court explored some of the implications for the law of employment contract. This article seeks to explore whether those developments will be of relevance to the development of the employment contract here

Quantitative genetics of resistance to net bloch of barley (Hordeum vulgare L.) : a thesis presented in partial fulfilment of the requirements for the degree of Master of Agricultural Science in Plant Science at Massey University

A half diallel cross was made amongst five barley (Hordeum vulgare L.) genotypes (Zephyr, Hassan, Mata, Kaniere and Manchuria) which exhibited differential resistance to net blotch disease, incited by the fungus, Drechslera teres. The 15 genotypes (5 parents and 10 F₁'s) were grown to physiological maturity under two nitrogen regimes (20 mg 10̄³ m̄³ and 105 mg 10̄³ m̄³ N) , 14 hour photoperiod, light intensity of 170Wm̄²PAR, 22°C (day)/16°C (night) and relative humidities of 70% (first seven weeks) and 95 to 100%. All genotypes were first inoculated (9,000 conidia 10̄⁶ m̄³ ) at 14 days and thereafter ten times at approximately weekly intervals. Infection occurred only in the high nitrogen environment. Absence of net blotch at the lower nitrogen level was probably due to insufficient plant nitrogen concentrations for growth of the fungus. The procedures of Mather and Jinks were used to analyse the half diallel cross for net blotch resistance of the following intact plant parts: (1) top canopy (2) bottom canopy (3) flag leaf and (4) second leaf. Resistance of leaf sections in petri dishes was also analysed. Biometrical analyses for all net blotch data sets showed that additivity was of much greater importance than dominance in controlling resistance. Epistasis and/or correlated gene distributions were trivial. Resistance was conditioned by a partially dominant, single effective factor which was suggested as one gene. Heritability estimates were moderate. In the high nitrogen environments, net blotch had no significant effect on plant height, tillers per plant, spikelet and grain numbers per ear, grain yield, 100 kernel weight and intensity of physiological brown spot. However heading date of diseased plants was significantly earlier than for fungicide treated plants. Nitrogen concentration had a marked effect on most characters. Significant genotype-nitrogen (G x E) interactions occurred for plant height, spikelet number per ear, grain yield, 100 kernel weight and physiological brown spot. Further biometrical analyses showed that additivity was most important for plant height, tillers per plant, spikelet and grain numbers per ear, and physiological brown spot. Dominance was noteworthy for heading date, grain yield and 100 kernel weight. Epistasis was relatively unimportant. Keywords: biometrics, barley, diallel analysis, disease resistance, growth stages, inoculation, intensity, leaf area diagrams, net blotch, pathogen, quantitative genetics, susceptibility

Brane Box Realization of Chiral Gauge Theories in Two Dimensions

We study type IIA configurations of D4 branes and three kinds of NS fivebranes. The D4 brane world-volume has finite extent in three directions, giving rise to a two-dimensional low-energy field theory. The models have generically $(0,2)$ supersymmetry. We determine the rules to read off the spectrum and interactions of the field theory from the brane box configuration data. We discuss the construction of theories with enhanced $(0,4)$, $(0,6)$ and $(0,8)$ supersymmetry. Using T-duality along the directions in which the D4 branes are finite, the configuration can be mapped to D1 branes at \IC^4/\Gamma singularities, with $\Gamma$ an abelian subgroup of SU(4). This provides a rederivation of the rules in the brane box model. The enhancement of supersymmetry has a nice geometrical interpretation in the singularity picture in terms of the holonomy group of the four-fold singularity.Comment: 48 pages, 10 eps figures, uses harvmac. Minor corrections, footnote on conventions adde

On Matrix Models of M5-branes

We compare the $(0,2)$ theory of the single M5 brane decoupled from gravity in the lightcone with transverse $R^4$, and a matrix model description in terms of quantum mechanics on instanton moduli space. We give some tests of the Matrix model in the case of multi fivebranes on $R^4$. We extract constraints on the operator content of the field theory of the multi-fivebrane system by analyzing the Matrix model. We also begin a study of compactifications of the $(0,2)$ theory in this framework, arguing that for large compactification scale the $(0,2)$ theory is described by super-quantum mechanics on appropriate instanton moduli spaces.Comment: 30 pages, Refs added. Discussion of compactification on four-torus is modifie

Orientifolding the conifold

In this paper we study the N=1 supersymmetric field theories realized on the world-volume of type IIB D3-branes sitting at orientifolds of non-orbifold singularities (conifold and generalizations). Several chiral models belong to this family of theories. These field theories have a T-dual realization in terms of type IIA configurations of relatively rotated NS fivebranes, D4-branes and orientifold six-planes, with a compact $x^6$ direction, along which the D4-branes have finite extent. We compute the spectrum on the D3-branes directly in the type IIB picture and match the resulting field theories with those obtained in the type IIA setup, thus providing a non-trivial check of this T-duality. Since the usual techniques to compute the spectrum of the model and check the cancellation of tadpoles, cannot be applied to the case orientifolds of non-orbifold singularities, we use a different approach, and construct the models by partially blowing-up orientifolds of C^3/(Z_2 x Z_2) and C^3/(Z_2 x Z_3) orbifolds.Comment: 52 pages, Latex 7 eps figure