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The Common Law Employment Relationship: A Comparative Study

The Common Law Employment Relationship: A Comparative Study

Author: Gordon Anderson, Douglas; Riley Joellen Brodie
Publisher: Edward Elgar Publishing
ISBN: 9781783479696
Published In: September 2017
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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 their responses 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.

Preface
Table of Cases
Table of Statutes
1. Introduction
2. Development and character of the contract of employment
3. Defining the employee
4. Changing and alternative modes of employment
5. Statutory and incorporated terms
6. Fairness of the bargain and allocation of risk
7. Fidelity, mutual trust and confidence and fair dealing
8. The work/personal interface
9. Employee mobility
10. Security in Employment
11. Common Law Remedies
12. Conclusions
Index