Download or read book The Common Law Employment Relationship written by Gordon Anderson and published by Edward Elgar Publishing. This book was released on 2017-09-29 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Common Law and the Individual Employment Relationship written by Gordon J. Anderson and published by . This book was released on 2018 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper is derived from our book The Common Law Employment Relationship: A Comparative Study recently published by Edward Elgar. This paper considers three key observations drawn from the book. First, the common law has developed differently in each jurisdiction, under the influence of the particular social and political circumstances in those jurisdictions. Second, the changing modes in which enterprises seek to engage subservient labour have placed the common law concept of employment under considerable pressure, and have (consequently) generated some evolution in the common law approach to defining employment. These developments also evidence jurisdictional variation. Finally, the impact of new technology has tested the common law's capacity to accommodate changing expectations in employment relationships. Here we find fewer jurisdictional differences, and a greater tendency towards conservatism.
Download or read book Breach of Contract of Employment Cases written by Mustafa Rashid Issa and published by Al Manhal. This book was released on 2018-01-01 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: The compensation or remedies after the breach of contract has been important agenda in the legal studies. Thats 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. Descriptor(s): CONTRACTS | INFRINGEMENT | LABOUR CONTRACTS | LABOUR LAW | SEVERANCE PAY | LEGAL RESEARCH | EMPLOYEES | LAWS AND REGULATIONS
Download or read book Voices at Work written by Alan Bogg and published by OUP Oxford. This book was released on 2014-04-03 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Common Law and the Reconstruction of Employment Relationships in New Zealand written by Gordon J. Anderson and published by . This book was released on 2018 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: The article departs from the theme in this issue of the ICCLL&IR that there has been a 'withdrawal' of the common law courts from areas of labour law regulated by statute, using the rationale that they should not intervene in such areas even if there is no explicit statutory exclusion relating to the point at issue. The article considers the role played by the New Zealand Court of Appeal following the neoliberal reforms to labour law by the Employment Contracts Act 1991. It argues that the Court, rather than 'withdrawing', actively intervened in the development of the law to reinforce the neoliberal reforms and to ensure that the bipartite values that had characterized labour law for most of the twentieth century were displaced by the unitary values of the common law. While approaching the topic from a different perspective, the conclusion is much the same: the courts consistently decline to extend the common law in ways which would have enhanced employee rights against employers, an inhibition noticeably absent when extending the range and scope of duties owed by employees to their employers. This article argues that if employment relationships are to balance adequately the relationship between capital and labour, the autonomy of labour law must be increased through a greater codification, the reinforcement of specialist courts and the minimization of the intrusion of the common law courts into their jurisdiction.
Download or read book The Legal Construction of Personal Work Relations written by Mark Robert Freedland and published by Oxford University Press. This book was released on 2011-12-15 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Employment Relationship Under the Fair Labor Standards Act written by United States. Employment Standards Administration. Wage and Hour Division and published by . This book was released on 1977 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Employee Relations in Context written by David Farnham and published by CIPD Publishing. This book was released on 2000 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the issues surrounding employment today and explores the challenges that lie at the heart of the workplace. This second edition has been thoroughly revised and updated
Download or read book The Employment Relationship in Anglo American Law written by Marc Linder and published by . This book was released on 1989 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Nutshell Employment Law written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Part A 1 The Basic Questions - Why does labour law change so much? - How do I work out my terms and conditions of employment? 2 Employee or Independent Contractor? - Why the nature of the working relationship is important - Test for determining the nature of the working relationship - Further cases on employment and independent contracts - Unfair and sham contracting - Further measures and contractor reforms 3 Common Law Issues - Common law duties - implied by common law into the employment relationship - Restraint of trade - Policy documents - can they form part of the contract of employment? - 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 - The bodies that administer the system - Transfer of business - Concluding remarks 5 Termination of Employment - Wrongful dismissal and further common law (termination) issues - Unfair dismissal under the Fair Work Act - Substantive unfair dismissal provisions - Procedure and remedies for dealing with unfair dismissal - Unlawful dismissal; avoiding a proliferation of claims; and the general protections (adverse action) Part C 6 Trade Union Law - Registered Organisations & Trade Union Governance - Freedom of association - Strikes - Good faith bargaining under the Fair Work laws - Trade union security measures - right of entry - Further issues in Trade Union Law and Governance - and further readings 7 Constitutional Issues - Heads of power - National system: issues arising 8 Allied Areas of the Law - Discrimination in the workplace - Superannuation and taxation - Public service employment law - University employment law - Workplace health and safety - Intellectual property 9 Future Issues and Directions? - Globalisation and labour law - Concluding remarks.
Download or read book The Contract of Employment written by Alan Bogg and published by Oxford University Press. This book was released on 2016 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is sensitive to contemporary challenges such as precariousness, the interaction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally and internationally.
Download or read book Employment Law written by Timothy P. Glynn and published by . This book was released on 2007 with total page 1052 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now there is a way to teach a comprehensive yet efficient course in employment law. By presenting a thematically and organizationally coherent view of employment law through the lens of private ordering, this refreshing new casebook avoids overwhelming students while enabling instructors to cover a wide range of content. the authors make their book accessible and teachable by: organizing the book around the theme of private ordering -- the rights and duties that flow between parties in an agreement -- And The laws that seek to balance contractual freedoms and market forces with countervailing social interests using this framework to comprehensively cover varied topics taught in the employment law survey course providing thorough thematic and doctrinal coverage of each area presenting cases that are rigorously edited for brevity but include detailed discussions of the facts using brief, accessible notes and questions to address the cases and stimulate critical thinking supplying problems and exercises that require students to apply the doctrine in a particular context and to think creatively about how to protect the interests of workers or their firms developing students' transactional lawyering skills -- such as planning, drafting, advising, and negotiating -- in the context of the employment relation the casebook is part of a complete teaching package that includes: a comprehensive Teacher's Manual that explains the selection of materials, discusses how the authors present the materials to their students, lists the questions they ask students, and provides answers and suggested comments For The problems and exercises in the book a helpful website -- updated monthly -- where professors and students will find newspaper and magazine stories, sample practitioner materials, new cases, updates, additional problems, PowerPoint slides, and employment law examinations
Download or read book Governing the Workplace written by Paul C. Weiler and published by Harvard University Press. This book was released on 2009-06-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labor lawyer Paul Weiler examines the social and economic changes that have profoundly altered the legal framework of the employment relationship. He not only discusses a wide range of issues, from wrongful dismissal to mandatory drug testing and pay equity, but he also develops a blueprint for the reconstruction of the law of the workplace, especially designed to give American workers more effective representation.
Download or read book The Future of the Employment Contract written by Brodie, Douglas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.
Download or read book Principles of Employment Law written by Peggie R. Smith and published by West Academic Publishing. This book was released on 2009 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of employment law and is a useful supplement to any employment law casebook. The book is divided into six chapters. Chapter 1 examines who is an employee and who is an employer. Chapter 2 analyzes the employment-at-will doctrine and job security claims. Chapter 3 focuses on privacy, autonomy, and dignity. Chapter 4 analyzes claims that employers may have against employees. Chapter 5 discusses employment terms and benefits that are directly mandated by law, like minimum wage, or strongly encouraged or regulated by law, such as pensions. Finally, Chapter 6 examines workplace health and safety.
Download or read book Property in Work written by Wanjiru Njoya and published by Routledge. This book was released on 2016-04-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of property in work has deep historical roots in the common law tradition, but is yet to receive the attention it deserves. In this timely and thought-provoking book, Wanjiru Njoya contrasts ideas of ownership and property rights in English, American and European labour law, and considers their practical implications. The author's contention that shared ownership within a stakeholder theory of the firm allows better protection of both shareholders' and employees' interests in the large public corporation, puts employee-participation firmly back on the corporate governance agenda. The book offers a refreshing new perspective on how a more socially desirable balance between economic flexibility and job security may be achieved.
