Category Archives: Employment and Labour Law
Zahn and Kullmann, ‘Discovering the Contributions of Academic Wives to the Development of Labour Law: Liesel Kahn-Freund’
ABSTRACT This article’s starting point is a strand of historical and sociological studies literature on ‘academic wives’ which reveals the social and, above all, unpaid labour that facilitated an academic career up until the mid-twentieth century. The article then draws on primary and secondary sources in order to trace the life of Otto Kahn-Freund’s wife, […]
Stewart Schwab, ‘Monopsony, Sticky Workers, and Bargaining Power’
ABSTRACT This chapter describes the new monopsony and its implications for employment law. A monopsonistic labour market inefficiently employs too few workers and pays them below their marginal product. Traditionally, monopsony is a single isolated employer, but this does not describe modern, urban labour markets. Labour economists have recently shown that many employers face upward-sloping […]
Douglas Brodie, ‘The Demise of the “Voluntarist Exclusion Zone?”’
ABSTRACT In Secretary of State for the Environment v PCSU [2024] UKSC 41 the Supreme Court had to consider whether a trade union was entitled to sue on a provision derived from a collective agreement by virtue of the Contracts (Rights of Third Parties) Act 1999. The relevance of the presumption in s 179 of […]
Collins and Freedman, ‘Employment Status: The Death Throes of the Tests of Mutuality of Obligation and Control’
ABSTRACT The UK Supreme Court in HMRC v Professional Game Match Officials Ltd answered two contentious issues about the identification of contracts of employment for the purpose of tax law. The first rejected the claim that ‘mutuality of obligation’ is a necessary feature of contracts of employment unless it is interpreted to mean the same […]
Peter Devonshire, ‘Leaving Can Be So Hard: The Liability of a Fiduciary Employee for Breach of Confidence on Termination of the Employment Contract’
ABSTRACT An employee owes common law and equitable duties to his or her employer. Both import duties of fidelity and loyalty. The most significant difference lies in the nature and scope of remedies for breach of those obligations. In this setting, the demarcation between law and equity can be elusive, particularly if an employee occupies […]
Overheul, van den Bos and Rijnhout, ‘Reactions to no-fault compensation schemes for occupational diseases in the Netherlands: the role of perceived procedural justice, outcome concerns and trust in authorities’
ABSTRACT Financial redress for victims of occupational diseases can be offered through no-fault compensation schemes. No-fault compensation schemes have an explicit mission in promoting perceived fairness and justice. The objective is to offer a quick, fair and just procedure and outcome, while preventing civil court procedures and restoring trust. However, the question is whether applicants […]
Tina Stephen, ‘Federal trade commission’s rule on non-compete ban: Relevance for a common law jurisdiction – India’
ABSTRACT Countries have been pondering about the use and legality of non-compete agreement for many years. Lack of regulatory clarity on these covenants has allowed companies to use these contracts with impunity. These covenants not only restrict the employees from joining a competitor but also refrain them from having a competing business of their own. […]
‘Racial Goals and Private Companies: What’s Legal and What’s Not’
Atinuke Adediran, ‘Racial Targets’, 118 Northwestern University Law Review 1455 (2024). In the wake of the extrajudicial murders of George Floyd and Breonna Taylor, millions protested across the US and worldwide against the racial and social injustices that persist within society. The 2020 ‘racial reckoning’ protests were the largest racial justice demonstrations in the US […]
Naivi Chikoc Barreda, ‘Jurisdiction over cross-border employment contracts in Canada and its implication for teleworking’
ABSTRACT The expansion of various forms of remote work has become a reality worldwide. This trend raises the question of whether the current regime of territorial competence in cross-border employment litigation adequately addresses the challenges arising from digitalization of work in the global market. This chapter examines the Canadian Private International Law rules on jurisdiction […]
‘Thumbs Up to Using Visuals in Contracts: How Visuals in Contracts Will Survive Court’
For many legal practitioners, the thought of a visual contract is terrifying. After all, without all the flowery legalese, how will a court know how to interpret the contract? Except that the traditional approach to contract drafting is changing as drafters increasingly focus on clarity. Clarity can come in many forms: plain, uncomplicated language, white […]