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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 11: Common law remedies

A Comparative Study

Gordon Anderson, Douglas Brodie and Joellen Riley

Extract

This chapter considers common law remedies available to an employee. While the law provides that where a party sustains a loss by reason of a breach of contract they are, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed, in fact the employee’s position in terms of damages is grossly unsatisfactory. Addis v Gramophone continues to constitute a barrier; and the measure of damages where wrongful dismissal is concerned fails to recognize the full extent of the employee’s interest in the employment relationship. The position in respect of equitable orders also leaves a great deal to be desired despite the fact that the courts now recognize that the employee’s interest in employment relations should not be seen as purely pecuniary. Keywords comparative employment law, contract of employment, remedies, damages, Addis v Gramophone

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