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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 5: Statutory and incorporated terms

A Comparative Study

Gordon Anderson, Douglas Brodie and Joellen Riley

Extract

This chapter considers the extent to which provisions arising from a range of sources have influenced employment contract terms. This includes terms and conditions that have been established through processes of collective bargaining and also codes of conduct and ‘human resources’ policies that commonly govern employment practices in large enterprises in order to manage compliance with statutory obligations, for instance obligations to provide procedural fairness in disciplinary proceedings. A contemporary challenge for employment law is managing an expectation of ‘coherence’ between the demands of statutory regulation and the principles of common law. Keywords comparative employment law, employee, contract of employment, terms and conditions, law and human resources,

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