The Contract Of Employment

"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." --Publisher's website.

The Employment Contract: Legal Principles, Drafting, and Interpretation provides a detailed analysis of the content of the employment contract. It explains the way in which the general principles of contract law operate in respect of the employment contract, discusses the significance ofimplied terms in interpreting the employment contract, and includes guidance on the drafting of effective employment contracts. Offering a balance between a reliable guide to the current law and an analysis of how the employment contract might develop, the book will be of equal interest to thepractitioner and the academic.

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.

The world of work has undergone major changes in the last two decades. This book examines these changes in their international context. It is argued that collective bargaining should no longer be viewed as the most important means of regulating the employment relationship. In the changed world of work such an approach is becoming less relevant. Instead, other means of protecting legitimate worker interests are explored. These include: an adaptation and extension of the general principles of the law of contract; a constitutional right to fair labour practices; and the pursuit of good corporate governance and corporate social responsibility. The conclusion is that these alternative means of addressing legitimate worker interests can play a valuable role in filling the vacuum left by the worldwide decline of trade unions.

A comprehensive and systematic description of the law governing employment contracts. It examines how awards, enterprise agreements and statutes like the Fair Work Act 2009 (CTH) and the Corporations Act (CTH) operate to modify the parties? contractual and equitable obligations. Mark Irving, Barrister, Melbourne.

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.