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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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Preface

A Comparative Study

Gordon Anderson, Douglas Brodie and Joellen Riley

With the collapse of collective bargaining and union membership the individual common law contract of employment has increasingly come to dominate not only the legal foundation of the employment relationship but also the terms and day-to-day management of that relationship. While much has been written about the contract of employment in individual jurisdictions, there has been relatively little consideration of the way the common law perspective on employment has been shaped by domestic factors bearing on employment relationships – statutes, domestic industrial relations structures and domestic social and political influences – across jurisdictions. This book explores this question by taking a range of aspects of the employment relationship and considers the way the common law courts in the United Kingdom, Australia and New Zealand have approached the regulation of those aspects of employment in their different environments.

As with any academic work the authors wish to acknowledge the support of their host universities and their academic colleagues. Gordon Anderson would also like to thank the Law School of King’s College London for hosting him while on research leave in 2016.

The authors would like to thank the editorial team at Edward Elgar and thanks particularly to Louise Grey, a then law student at Victoria University, for her invaluable work in the initial editing, proofing and reference checking of the book.