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The Common Law Employment Relationship

A Comparative Study

Gordon Anderson, Douglas Brodie and Joellen Riley

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.
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Chapter 3: Defining the employee

A Comparative Study

Gordon Anderson, Douglas Brodie and Joellen Riley

Extract

This chapter considers the manner in which the common law has been influenced by changing employment practices when determining whether or not a worker is employed under a contract of employment. It considers the evolving tests for determining whether a worker is an ‘employee’ and how, in developing these tests, the courts play a critical policymaking role as ‘gatekeepers’ in determining which workers enjoy access to the range of rights and obligations derived from statute. Keywords comparative employment law, contract of employment, indicia of employment

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