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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 8: The work/personal interface

A Comparative Study

Gordon Anderson, Douglas Brodie and Joellen Riley

Extract

The employee’s ability to maintain an autonomous private life alongside employment has long been contested territory in employment law. The rights to paid and unpaid leave to attend to illness and emergencies, and to undertake caring responsibilities and recreation, are the fruits of earlier industrial struggles; and where these rights appear in employment contracts, it is generally as a consequence of the influence of mandatory provisions in statutes or statutory instruments. Claims that employers must also accommodate an employee’s freedom of expression have also been contentious. This chapter considers the interplay of common law and statutory influences in establishing contemporary boundaries between work and personal life. Keywords comparative employment law, contract of employment, work and personal life, freedom of employee expression

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