Joellen Riley - Böcker

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.

This forward-thinking book focuses on current and future challenges facing employment law in Australia, New Zealand and the UK. Leading experts in the field discuss the need for legislative intervention in the three nations and examine differences in their judicial attitudes.Chapters explore the need for stronger regulatory employment models to ensure the economic security and personal autonomy of workers. They also highlight the need for enhanced support and flexible working conditions, particularly for casual workers and those on the margins of the workforce. The book debates the ethics of surveillance technology and draws parallels between excessive control and psycho-social harm in the workplace. Reflecting on the global fallout of the COVID-19 pandemic, it addresses the impact of shifting professional relationships on working conditions and contracts, which are predominantly dictated by employers.An essential resource for students in employment law, human resources management and industrial relations, this book will also benefit government policy advisors and employers researching labour market regulations.