7. The Variation, Suspension, and Future of the Personal Employment Contract

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Common Law ◽  
Market Conditions ◽  
Employment Contract ◽  
The Future ◽  
Contract Of Employment ◽  
The Common ◽  
Labour Flexibility

This chapter first examines the common law rules regulating the variation of the terms of the contract of employment. It focuses on the situation where the employer seeks to unilaterally modify the terms of the employment contract, for instance in light of modern pressures on management to demand greater labour flexibility in order to adapt to changing market conditions. The chapter then moves on to address the ability of the employer to suspend the contract of employment, for instance where the employer suffers a downturn in demand for its products or services, or where an employee may be subject to disciplinary proceedings. Finally, it considers the future trajectory of the common law content of the personal contract of employment.

7. The Variation and Suspension of the Personal Employment Contract

2020 ◽  
pp. 231-251
Author(s):  
David Cabrelli
Keyword(s):  
Common Law ◽  
Market Conditions ◽  
Employment Contract ◽  
The Future ◽  
Contract Of Employment ◽  
The Common ◽  
Labour Flexibility

This chapter first examines the common law rules regulating the variation of the terms of the contract of employment. It focuses on the situation where the employer seeks to unilaterally modify the terms of the employment contract, for instance in light of modern pressures on management to demand greater labour flexibility in order to adapt to changing market conditions. The chapter then moves on to address the ability of the employer to suspend the contract of employment, for instance where the employer suffers a downturn in demand for its products or services, or where an employee may be subject to disciplinary proceedings. Finally, it considers the future trajectory of the common law content of the personal contract of employment.

scholarly journals "The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 2)

2018 ◽  
Vol 21 ◽  
pp. 1-20
Author(s):  
Andre Louw
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Employment Contract ◽  
Fair Dealing ◽  
General Law ◽  
Contract Of Employment ◽  
The Common ◽  
Labour Legislation ◽  
Court Of Appeal

This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of Appeal (SCA) judgments during the 2000s. This process culminated in the recognition of an "implied duty of fair dealing" in the common-law employment contract. This piece will discuss such developments, will argue that such an implied duty still forms part of our law (despite the apparent consensus in the literature that the SCA turned its back on such earlier judgments), will critically examine some of the arguments for and against the recognition of such a duty, and will then consider the issue within the broader context of the role of good faith and fairness in our general law of contract.    

scholarly journals "The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 3)

2018 ◽  
Vol 21 ◽  
pp. 1-53
Author(s):  
Andre Louw
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Employment Contract ◽  
Fair Dealing ◽  
General Law ◽  
Contract Of Employment ◽  
The Common ◽  
Labour Legislation ◽  
Court Of Appeal

This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of Appeal (SCA) judgments during the 2000s. This process culminated in the recognition of an "implied duty of fair dealing" in the common-law employment contract. This piece will discuss such developments, will argue that such an implied duty still forms part of our law (despite the apparent consensus in the literature that the SCA turned its back on such earlier judgments), will critically examine some of the arguments for and against the recognition of such a duty, and will then consider the issue within the broader context of the role of good faith and fairness in our general law of contract.    

scholarly journals "The Common Law is … not what it used to be"*: Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 1)

2018 ◽  
Vol 21 ◽  
pp. 1-25
Author(s):  
Andre Louw
Keyword(s):  
Common Law ◽  
Good Faith ◽  
Employment Contract ◽  
Fair Dealing ◽  
General Law ◽  
Contract Of Employment ◽  
The Common ◽  
Labour Legislation ◽  
Court Of Appeal

This piece, which is in three parts, will revisit the importation of fairness into the employment contract (outside and independent of the fairness-based provisions of our labour legislation) by a line of Supreme Court of Appeal (SCA) judgments during the 2000s. This process culminated in the recognition of an "implied duty of fair dealing" in the common-law employment contract. This piece will discuss such developments, will argue that such an implied duty still forms part of our law (despite apparent consensus in the literature that the SCA turned its back on such earlier judgments), will critically examine some of the arguments for and against the recognition of such a duty, and will then consider the issue within the broader context of the role of good faith and fairness in our general law of contract.    

The Future of the Common Law

1913 ◽  
Vol 13 (7) ◽  
pp. 595
Author(s):  
Robert Ludlow Fowler
Keyword(s):  
Common Law ◽  
The Future ◽  
The Common

2. Employment status

2017 ◽  
Author(s):  
Roseanne Russell
Keyword(s):  
Labour Market ◽  
Employment Status ◽  
Common Law ◽  
Gig Economy ◽  
Contract Of Employment ◽  
Key Issues ◽  
The Common ◽  
Additional Reading

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about employment status. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of employment status including definitions of employee and worker, the common law tests for determining whether a contract of employment exists, and discussion on the changing nature of the labour market including the gig economy. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

8. Employment II: termination—wrongful dismissal, unfair dismissal, and redundancy

2019 ◽  
pp. 114-129
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Common Law ◽  
Essential Information ◽  
Employment Contract ◽  
Contract Employees ◽  
Unfair Dismissal ◽  
The Common ◽  
The Law ◽  
Employment Rights ◽  
Wrongful Dismissal

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the law on the termination of the employment contract. Employees have a statutory right not to be unfairly dismissed and the Employment Rights Act (ERA) 1996 identifies the criteria to be satisfied in order for the employee to gain protection. The common law protects against wrongful dismissal and provides tests and guidance for situations involving a breach of an employment contract. The chapter also considers redundancy situations. As this is governed by statute, it is necessary to appreciate the obligations imposed on the employer to adopt fair procedures.

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