The contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve. International employment law experts provide a comparative study of the contract of employment across three closely related common law jurisdictions: the UK, Australia and New Zealand. Adopting a thematic approach, they analyse the key facets of the common law of employment such as who is an employee, the implied duties of employees and the restraints on employee mobility. Examining the interaction between common law and domestic statutory law and the politics and labour relations systems, this book considers the legal variations for each jurisdiction and its response to new developments in employment. It addresses the capacity of the common law to respond to contemporary developments such as the 'gig' economy and the increasingly intrusive surveillance of employees, both at work and in their private lives. Insightful and contemporary, this book will appeal to students and scholars of employment and contract law as well as those studying comparative law more widely. Practitioners involved in employment policy or employment litigation will also benefit from the wealth of up-to-date knowledge on common law trends and developments.
Chapters include an explanation of the development in employment contract law of the duty of mutual trust and confidence, and its potential to resolve individual workplace disputes over such matters as performance-based pay and termination ...
- Further cases (on inclusion of terms) Part B 4 National Employment Standards, Modern Awards and Enterprise Bargains National Employment Standards (NES) - Modern awards - Enterprise bargains - Key aspects of bargaining in further detail - ...
This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships.
The compensation or remedies after the breach of contract has been important agenda in the legal studies.
McCallum's Top Workplace Relations Cases: Labour Law and the Employment Relationship as Defined by Case Law
This volume represents a search for the socioeconomic and legal origins of the employment relationship as it currently exists in the United States. Although the study was sparked by legal...
The point of note here is that understanding property rights as contingent claims explains TUPE's conferral of rights to information and consultation triggered in situations where employees' firm-specific interests are threatened by the ...
Written for New Mexico employers, the second edition of the New Mexico Employment Law Desk Reference is a valuable tool for anyone wanting to know about New Mexicospecific employment laws.
... Sir G. 280–2, 297, 298 feminization of workforce 4 Fenwick, C. 224 Fine, J. 69, 83, 90,94, 252,369 Finkin, M. 18, 147, ... 207, 209, 210–13 Goodwin, M. 249,254 Gordon, J. 87,252 Gorman, R.A. 150, 246 Gunningham, N. 251,385, Index 477.
It must be noted that Johnston predates much of the modern development of the jurisprudence of the employment contract and, most pertinently, the evolution of the implied obligation of mutual trust and confidence and its role in ...