Show Less
You do not have access to this content

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.
Show Summary Details
You do not have access to this content

Chapter 10: Security in employment

A Comparative Study

Gordon Anderson, Douglas Brodie and Joellen Riley

Extract

This chapter considers the extent to which employees in the three countries enjoy security in their employment and, in particular, protection against unjustified dismissal. Prior to unfair dismissal legislation, employees were subject to arbitrary dismissal at any time. The introduction of unfair dismissal legislation was an important turning point in the balance between the common law and statute, and between employers and employees allowing the courts to intervene in an employer’s management of its employees. This chapter identifies the key legislative characteristics of unfair dismissal protection in each jurisdiction, evaluates the extent to which the common law approach to dismissal influences the statutory regimes and examines the current relationship between the common law and the statutory schemes. Keywords comparative employment law, contract of employment, unfair dismissal, employment security

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.