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Lawful Termination by the Employing Entity

MARK R. FREEDLAND FBA

in The Personal Employment Contract

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298631
eISBN:
9780191719400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298631.003.0007
Subject:
Law, Company and Commercial Law

This chapter forms the first in a sequence of four final chapters of this work which between them present and seek to develop a radical critique of the law concerning the termination and ... More


The Termination and Transformation of Employment Contracts

Mark R. Freedland and Nicola Kountouris

in The Legal Construction of Personal Work Relations

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199551750
eISBN:
9780191731013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551750.003.0007
Subject:
Law, Employment Law

This chapter completes the analysis of the legal construction of employment relations as contracts by concentrating on the termination of employment contracts and on the principal transformations ... More


Harsh but Fair

Hugh Collins

in Justice in Dismissal: The Law of Termination of Employment

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198254355
eISBN:
9780191681479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254355.003.0002
Subject:
Law, Employment Law

This chapter discusses the law of unfair dismissal. It cites the case of Mr. Mathewson, who was dismissed after he arrived late from a lunch break. The main reason why he was late was because he was ... More


The Social and Economic Effects of Dismissal Law

Hugh Collins

in Justice in Dismissal: The Law of Termination of Employment

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198254355
eISBN:
9780191681479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254355.003.0009
Subject:
Law, Employment Law

This chapter discusses an examination of the available evidence about the social and economic effects of the dismissal law. A number of difficulties arise when assessing the evidence about the ... More


The Search for Legal Guarantees of Job Security

Hugh Collins

in Justice in Dismissal: The Law of Termination of Employment

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198254355
eISBN:
9780191681479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254355.003.0008
Subject:
Law, Employment Law

This chapter discusses a possible shape of any practical remedial system for unfair dismissals. There are two questions that are raised in this chapter: For reasons of justice, should reinstatement ... More


Ideas of Labour Law – A View from the South

Paul Benjamin

in The Idea of Labour Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199693610
eISBN:
9780191729744
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693610.003.0014
Subject:
Law, Employment Law, Philosophy of Law

South African labour law has evolved substantially since black trade unions were first granted statutory recognition in 1979. Rulings by the industrial court gave workers unprecedented protection ... More


Justice in Dismissal: The Law of Termination of Employment

Hugh Collins

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198254355
eISBN:
9780191681479
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254355.001.0001
Subject:
Law, Employment Law

The latest title in the Oxford Monographs on Labour Law series, this study elucidates the general legal rules and principles of the law of unfair dismissal, as well as offering an account of the ... More


Conclusion

Hugh Collins

in Justice in Dismissal: The Law of Termination of Employment

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198254355
eISBN:
9780191681479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254355.003.0010
Subject:
Law, Employment Law

This chapter discusses a description of the debates and the essays that were presented in the eight previous chapters of this book. These debates represented an unceasing competition between two ... More


The Substantive Legal Background to Behavioural Conflict at Work from 1995 to 2015

Lizzie Barmes

in Bullying and Behavioural Conflict at Work: The Duality of Individual Rights

Published in print:
2015
Published Online:
January 2016
ISBN:
9780199691371
eISBN:
9780191748790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691371.003.0003
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter explains the individual labour and equality rights that are typically deployed in claims in the UK about behavioural conflict at work. It traces the development of the law from 1995 to ... More


The Wrongful Termination of the Contract of Employment

Alan Bogg and Mark Freedland

in The Contract of Employment

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198783169
eISBN:
9780191826191
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783169.003.0025
Subject:
Law, Employment Law, Company and Commercial Law

This chapter examines the historical development and contemporary landscape of wrongful dismissal (in which is included the idea of constructive dismissal) Wrongful dismissal in English law is based ... More


Conclusion

K. D. Ewing

in The Right to Strike

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198254393
eISBN:
9780191681486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254393.003.0008
Subject:
Law, Employment Law, Human Rights and Immigration

This chapter draws together the different emerging themes, suggesting a number of proposals for reform to be made. It suggests that an effective solution to the problems identified in the study ... More


The Goals of Specific Labour Laws: Some Examples

Guy Davidov

in A Purposive Approach to Labour Law

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198759034
eISBN:
9780191818790
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198759034.003.0005
Subject:
Law, Employment Law

This chapter moves from the general goals of labour law to the concrete goals of specific labour laws. An inquiry into the goals of specific regulations is a necessary component of the purposive ... More


Human Rights and the Contract of Employment

Hugh Collins and Virginia Mantouvalou

in The Contract of Employment

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198783169
eISBN:
9780191826191
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783169.003.0009
Subject:
Law, Employment Law, Company and Commercial Law

The chapter considers whether the common law of employment has been and ought to be influenced by the law of human rights. Although the common law has not been influenced by the idea of human rights ... More


Developments in Contract of Employment Jurisprudence in Other Common-Law Jurisdictions: A Study of Australia

Joellen Riley

in The Contract of Employment

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198783169
eISBN:
9780191826191
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783169.003.0013
Subject:
Law, Employment Law, Company and Commercial Law

This chapter explores and amplifies the themes of this work by some comparative reflections from Australia, a common-law jurisdiction with roots in English law, but an idiosyncratic history of ... More


The Role of Government in Ensuring Employment Security and Job Security

Heather Boushey

in Shared Responsibility, Shared Risk: Government, Markets and Social Policy in the Twenty-First Century

Published in print:
2012
Published Online:
February 2015
ISBN:
9780199781911
eISBN:
9780190252519
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199781911.003.0005
Subject:
Political Science, American Politics

This chapter examines the role of the federal government in promoting job security by ensuring that the economy is at full employment. It begins by providing a historical overview of the government's ... More


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