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The Common Law Employment Relationship by Gordon Anderson,Douglas Brodie,Joellen Riley Pdf
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.
Employment Law in Canada by Innis M. Christie,Brent Cotter Pdf
Reference book for lawyers on employment-related aspects of labour law in Canada - explains national level and local level jurisdiction, and discusses recruitment, labour contracts, mutual rights and responsibilitys of employees and employers, labour standards, dismissal, grievances, etc. References.
Individual Employment Law has been significantly revised and updated to include legislative and caselaw developments from 2000 to 2008. It gives an overview of employment contracts and employment relationships as they are dealt with both by common law and statute, including human rights issues, occupational health and safety, and industrial standards legislation. The book treats obligations of both employers and employees, the enforcement of employment rights in multiple forums, and contains an in-depth examination of termination of employment.
The Legal Construction of Personal Work Relations by Mark Freedland FBA,Mark Robert Freedland,Nicola Kountouris Pdf
This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
The Changing Law of the Employment Relationship by Nicola Countouris Pdf
During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.
This edited collection is the culmination of a comparative project on 'Voices at Work' funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker 'voice' by tracking its evolution and its complex interactions with various forms of law. Contributors to the volume identify the scope for continuity of legal approaches to voice and the potential for change in a sample of industrialised English speaking common law countries, namely Australia, Canada, New Zealand, UK, and USA. These countries, facing broadly similar regulatory dilemmas, have often sought to borrow and adapt certain legal mechanisms from one another. The variance in the outcomes of any attempts at 'borrowing' seems to demonstrate that, despite apparent membership of a 'common law' family, there are significant differences between industrial systems and constitutional traditions, thereby casting doubt on the notion that there are definitive legal solutions which can be applied through transplantation. Instead, it seems worth studying the diverse possibilities for worker voice offered in divergent contexts, not only through traditional forms of labour law, but also such disciplines as competition law, human rights law, international law and public law. In this way, the comparative study highlights a rich multiplicity of institutions and locations of worker voice, configured in a variety of ways across the English-speaking common law world. This book comprises contributions from many leading scholars of labour law, politics and industrial relations drawn from across the jurisdictions, and is therefore an exceedingly comprehensive comparative study. It is addressed to academics, policymakers, legal practitioners, legislative drafters, trade unions and interest groups alike. Additionally, while offering a critique of existing laws, this book proposes alternative legal tools to promote engagement with a multitude of 'voices' at work and therefore foster the effective deployment of law in industrial relations.
Breach of Contract of Employment Cases by Mustafa Rashid Issa Pdf
The compensation or remedies after the breach of contract has been important agenda in the legal studies. That’s the reason, compensation after breach of contract become now center of debate in several legal research studies. The numerous laws and acts had constitute and legal experts continuously search to protect basic right in the contract law and urging to provide the basic standard safeguard in contract law for both parties (Employee or employer) involved. This study aims to provide fresh insight of Contract law, breach of contract and compensation with background of Common Law Employment Act. The breach of contract is the common term used in the business world and several cases has registered on daily basis in the different courts of Common Law. In the examination, this study aims to access documentary analysis of the breach of contract cases and their compensation, which has been awarded by the courts complainant. The 10 decided cases of courts (industrial, session and high court) has been chosen randomly from 2010 to 2015. In the conclusion, the study found mix results i.e some of the cases, court declares that appealed has approved and awarded but the compensation they claimed is over estimation. In the some cases, court has given the award in the favor of employee and some cases observed in favor of employer.
The Employment Relationship in Anglo-American Law by Marc Linder Pdf
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 disputes in which farmers and other employers denied the existence of an employment relationship with migrant farmworkers, the scope of the controversy and the unresolved legal issues are not confined simply to unskilled and low-wage agricultural workers. Linder analyzes the evolution of an important legal doctrine through an examination of its origins and development in statute and case law in the political economies of both Britain and the United States.
Enterprise Liability and the Common Law by Douglas Brodie Pdf
Theories of enterprise liability have, historically, had a significant influence on the development of various aspects of the law of torts. Enterprise liability has impacted upon both statutory and common law rules. Prime examples would include laws on workmen's compensation and products liability. Of late, in a number of jurisdictions, enterprise liability has been a powerful catalyst for change in the employer's responsibilities towards third parties by prompting changes to the law on vicarious liability. The results have been seen most dramatically where the employer's responsibility for the intentional torts of employees is concerned. Recent common law reforms have not been without controversy and have raised difficult and challenging questions about the appropriate scope of an employer's responsibility. In response to this, Douglas Brodie offers a critique of the employer's common law obligations, both in tort and under the law of contract of employment.
It had been expected that the impact of the Superior Courts Bill - more particularly, the proposed merger of the Labour Court with the High Court and of the Labour Appeal Court with the Supreme Court of Appeal - on the dispute resolution system created by the Labour Relations Act would form a major focus of the revisions to this edition of Labour Relations Law. In the event, at the eleventh hour the Bill was again referred back for further consideration and, at the time of going to print, its final version is still being awaited. However, the most important changes proposed by the existing version of the Bill are included in the chapter on dispute resolution. Should these be implemented, it is hoped that the chapter will provide a concise but serviceable introduction to the new regime of labour litigation in the High Court as well as a guide to the existing system. In the area of substantive law developments have continued apace, fuelled by a number of important and sometimes controversial court decisions. Possibly the most important has been the continued evolution of common law rights and remedies alongside their statutory counterparts. This trend is in marked contrast to the position in the United Kingdom, the source of so much of our individual employment law, where the statutory regime is seen more clearly as having, in principle, superseded the common law regime. Although the phenomenon has thus far manifested itself most clearly in the area of termination of employment, there is no reason why contractual rights should not be asserted in competition with other statutory rights which do not abolish them expressly or by clear implication.
