Common Law Employment Relationship

Gordon Anderson, Professor Emeritus, Faculty of Law, Victoria University of Wellington, New Zealand, Douglas Brodie, Professor, School of Law, University of Strathclyde, UK and Joellen Riley, Faculty of Law, University of Technology Sydney, Australia

• Contents: Preface Table of Cases Table of Statutes 1. Introduction 2. Development and character of the contract of employment 3. Defining the employee 4. Changing and alternative modes of employment 5. Statutory and incorporated terms 6. Fairness of the bargain and allocation of risk 7. Fidelity, mutual trust and confidence and fair dealing 8. The work/personal interface 9. Employee mobility 10. Security in Employment 11. Common Law Remedies 12. Conclusions Index

'The law of the employment contract and relationship has been and remains a very fruitful subject for comparative research and writing as between Common Law jurisdictions. Gordon Anderson, Douglas Brodie, and Joellen Riley have, by taking a deeply combined perspective upon this topic from Australia, New Zealand, and the United Kingdom, made a very significant and historically intelligent contribution to the existing literature.' --Mark Freedland, University of Oxford, UK'A masterful, comprehensive comparison - not lacking in normative content - of the commonalities and differences in judge-made employment law in Australia, New Zealand, and the United Kingdom, with occasional glances at Canada. It sweeps across the employment relationship exploring the intricate dialogue between courts and legislatures. Threaded throughout is the judicial treatment of managerial prerogative in the wake of legislative change. The book is a key source for students of comparative employment law.' --Matthew W. Finkin, University of Illinois at Urbana-Champaign, US