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The Employees Contractual Duty Of Fidelity
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Book Synopsis The Employee's Contractual Duty of Fidelity by : Andrew Frazer
Download or read book The Employee's Contractual Duty of Fidelity written by Andrew Frazer and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article aims to demonstrate that the current position which seems to prevail in the common law systems of the Commonwealth, that employees are not necessarily fiduciaries, is supported by analysis of the historical and recent decisions. The employee's well-established implied contractual duty of fidelity and good faith, while sharing the language and some of the hallmarks of fiduciary duty, is separate from it, although the two will often overlap. It is not necessary or sound to posit the existence of this implied duty in equitable terms. The implied contractual duty of fidelity was recognised from at least the late eighteenth century, and was developed separately from equitable principles. While it was formulated by some later decisions in ways that allowed its confusion with fiduciary duty, the common law and equitable duties have remained distinct. Explanations of the employee's duty as deriving exclusively from equity ignore the important doctrinal and policy reasons for the contractual foundations of the employment relationship in law. While many, if not most, employees nowadays undoubtedly owe fiduciary obligations to their employer, this is not because their contractual duty of fidelity is an inherently fiduciary one.
Book Synopsis Restrictive Covenants in Employment Contracts and Other Mechanisms for Protection of Corporate Confidential Information by : Pascal Lagesse
Download or read book Restrictive Covenants in Employment Contracts and Other Mechanisms for Protection of Corporate Confidential Information written by Pascal Lagesse and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea for this book came about following the International Bar Association's annual conference that was held in Prague in September of 2005. One of the sessions at this conference co-chaired by Pascale Lagesse and Mariann Norrbom was entitled 'Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information.' International panelists consisted of members of the legal profession, corporate representatives and a court justice. Discussions focused on key issues and the concerns companies have when seeking to protect their confidential information, and insight was given into what employers can do in order to ensure that their employees do not take valuable company information with them upon leaving the company. Using a case study as a basis, particular emphasis was placed on non-solicitation and non-compete covenants, and the extent to which an employer can rely on such covenants when protecting his interests.The specific situation of a key employee who left her employer to join a competitor was addressed, and the types of action the employer could take in order to avoid the solicitation of his clients and staff and prevent his employees from competing against him were discussed. This book picks up where the session left off, and consists of no less than 13 contributions from individuals from 5 continents. Each country representative has been asked to respond to a series of pertinent questions on the subjects of restrictive covenants and protection of confidential information, in order to give a comparative overview of how these issues are treated in different jurisdictions. This comprehensive publication will be a valuable resource tool for legal practitioners, employers, HR professionals and anyone interested in the field of employment law.
Book Synopsis The [Fiduciary] Duty of Fidelity by : Robert Flannigan
Download or read book The [Fiduciary] Duty of Fidelity written by Robert Flannigan and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has become common, primarily in the employment context, for judges to assert the existence of a duty of "fidelity" distinct from fiduciary duty. As we will see, however, the duty of fidelity is an invention or development that rests on serial failures to comprehend the course of the case law. A linear progression of inattentive authority recast conventional fiduciary accountability as the supposed independent duty of fidelity. Early cases that spoke of "breach of confidence" were wrongly understood as constituting a distinct doctrinal category. The actual crystallization of that misperception appears to have occurred only recently in the middle of the twentieth century. Coincidentally with that crystallization, the separate recognition of an independent duty of "fidelity" was founded on the same line of cases. In both instances, the breakaway into novel doctrinal categories occurred without any discussion or apparent appreciation of severance or disconnection. The independence of the doctrines was literally assumed. Today, notwithstanding the awkward confusion produced by the taxonomic masking of their functional redundancy, the duties of confidence and fidelity endure essentially as forms of fiduciary accountability. I will examine the developments that produced the [fiduciary] duty of fidelity.
Book Synopsis The Common Law Employment Relationship by : Gordon Anderson
Download or read book The Common Law Employment Relationship written by Gordon Anderson and published by Edward Elgar Publishing. This book was released on 2017-09-29 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Shaping Contracts for Work by : Gabrielle Elisabeth Golding
Download or read book Shaping Contracts for Work written by Gabrielle Elisabeth Golding and published by Oxford University Press. This book was released on 2023-12-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shaping Contracts for Work provides an in-depth examination of the common law's role in shaping employment contracts through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract. Terms implied by law into employment contracts, as well as their potential to operate in other non-standard contracts for the performance of work, are critically examined by reference to the test that courts adopt when they are asked to imply such terms. In part one, Golding provides an overarching survey of the law which governs express and implied terms in contracts. In doing so, she considers the broader judicial role in implying terms and assesses how it can fundamentally alter the nature of the relationship between contracting parties. Part two draws comparisons between England and Australia, tracing the origins and status of select terms across both jurisdictions, and exploring how the application of these terms is often presumed. Golding also examines the duties of mutual trust, confidence, and good faith in both jurisdictions, investigating their potential application in employment contracts. In part three, Golding demonstrates why courts need to better articulate their understanding of what constitutes an 'employment contract' as a distinctive class of contract. By focussing on the impact of terms implied by law, this work adds a unique dimension to the debate concerning the regulation of waged work in the context of ever-increasing non-standard modes of work.
Book Synopsis Fidelity, Fiduciaries, and Employees, Oh My! by : Michael John O'Brien
Download or read book Fidelity, Fiduciaries, and Employees, Oh My! written by Michael John O'Brien and published by . This book was released on 2011 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Future of the Employment Contract by : Brodie, Douglas
Download or read book The Future of the Employment Contract written by Brodie, Douglas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.
Book Synopsis The Autonomy of Labour Law by : Alan Bogg
Download or read book The Autonomy of Labour Law written by Alan Bogg and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland's retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law; and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory.
Book Synopsis Essentials of Employment Law by : David Lewis
Download or read book Essentials of Employment Law written by David Lewis and published by CIPD Publishing. This book was released on 2004 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lewis has updated his widely recommended text to take full account of all legislative changes that have come into effect since publication of the previous edition.
Book Synopsis Implied Terms in English Contract Law by : Richard Austen-Baker
Download or read book Implied Terms in English Contract Law written by Richard Austen-Baker and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the leading account of contract law in England and Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply. Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term.
Download or read book Criminality at Work written by Alan Bogg and published by Oxford University Press, USA. This book was released on 2020-02-27 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest. This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives. Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.
Book Synopsis Employment Covenants and Confidential Information: Law, Practice and Technique by : Selwyn Bloch QC
Download or read book Employment Covenants and Confidential Information: Law, Practice and Technique written by Selwyn Bloch QC and published by Bloomsbury Publishing. This book was released on 2018-06-04 with total page 1513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written under the general editorship of two specialist employment law practitioners, with contributions from their respective Chambers and Law Firm, Employment Covenants and Confidential Information: Law, Practice and Technique, Fourth Edition provides a comprehensive yet highly practical analysis of the law and practice in this area of employment disputes, setting out appropriate strategies from both the employer's and employee's perspective. The book focuses on how to prevent competitive activity by an employee or former employee and what to do when it happens. Clear guidance is given on drafting to minimise the risk of competitive activity, what activities an employee or ex-employee may and may not undertake and the remedies available where competitive activity occurs. This expanded edition includes up-to-date coverage of: Case law relevant to the drafting and interpretation of employment covenants Current trends regarding enforcement of employment covenants and duties of confidentiality Developments in the law on fiduciary duties and the interrelationship with duties of fidelity Fresh perspectives on garden leave, springboard injunctions and team moves Remedies available against the (ex-)employee and third party competitors Disputes with a foreign law element: conflict of laws, exclusive jurisdiction clauses, choice of law and anti-suit injunctions Employment Covenants and Confidential Information, Fourth Edition is essential reading for all employment law practitioners, HR professionals and company directors responsible for drafting and enforcing employment contracts. Through the use of checklists, flowcharts, precedents and case studies it translates theory into practice.
Book Synopsis Law Relating to Intellectual Property by : Sreenivasulu N.S
Download or read book Law Relating to Intellectual Property written by Sreenivasulu N.S and published by Partridge Publishing. This book was released on 2013-12-23 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a comprehensive work on the law relating to intellectual property. It brings out point of views on point of law and as well point of facts and circumstances. It highlights judiciously the judicial, political, legal, economical and philosophical point of views on the various issues pertinent to the varied fields of intellectual property law. Besides, the book carries analysis and presentation from the comparative perspective in particular from the perspectives of USA, Europe, UK and India. The book is a good addition to the literature on Law especially on Intellectual Property Rights. The book is useful for students, academicians, and scholars from different disciplines including Law, Science, and Engineering, Humanities, Arts, Literature, Drama, Music and many other fields. The book is also useful for people working in the corporate world. Besides the book is very informative and knowledge generator to the readers.
Book Synopsis Deakin and Morris’ Labour Law by : Zoe Adams
Download or read book Deakin and Morris’ Labour Law written by Zoe Adams and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 1328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deakin and Morris' Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market. The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action. The seventh edition of Deakin and Morris' Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject.
Book Synopsis Research Handbook on Intellectual Property and Employment Law by : Bruun, Niklas
Download or read book Research Handbook on Intellectual Property and Employment Law written by Bruun, Niklas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.
Download or read book Employment Law 2021 written by Phillips and published by College of Law Publishing . This book was released on 2021-01-18 with total page 1033 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Law introduces the issues involved in the regulation of employees and their relations with their employers. It explains the framework governing employment contracts, dismissal procedures and redundancy payments. The book also covers TUPE, discrimination law and family-friendly legislation, as well as practice and procedure. The book has been comprehensively updated to take account of all the main recent and proposed developments in employment law and practice, including the recent guidance issued by the Equality and Human Rights Commission on the use of non-disclosure agreements to settle employment claims, and an updated summary of the key cases on annual leave, including the Court of Appeal's decisions in The Harpur Trust v Brazel and Flowers v East of England Ambulance Trust.A number of key European court cases are considered, including two ECtHR decisions looking at the privacy in the workplace (Garamukanwa v UK and Lpez Ribalda v Spain) and the ECJ decision in Federacin de Servicios de Comisiones Obreras v Deutsche Bank (keeping records of time worked). The first Supreme Courtdecision in almost 100 years to consider post-employment restrictive covenants, Tillman v Egon Zehnder, is included, along with a number of important Court of Appeal judgments, including Network Rail v Crawford(daily rest periods), Hare Wines v Kaur (automatically unfair dismissal and TUPE), Okedina v Chikale (impact of illegal contacts in an unfair dismissal situation), Owen v AMEC Foster Wheeler Energy (disability discrimination and comparators) and Foreign and Commonwealth Office v Bamieh (territorial jurisdiction in a whistleblowing claim).The case law on unfair dismissal and reasonableness has been updated to include the Court of Appeal decisions in North West Anglia NHS Foundation Trust v Gregg (suspension and disciplinary proceedings) and London Borough of Lambeth v Agoreyo (suspension and mutual trust and confidence), and the EAT decisions in Radia v Jefferies International (investigations and appeals) and Phoenix House v Stockman (No 2) (making covert recordings at work). Three recent cases considering what amounts to a religious or philosophical belief under the Equality Act 2010 are included (Mackereth v Department for Work and Pensions, Conisbee v Crossley Farms and Gray v Mulberry Company), as are a number of significant EAT rulings, including Dray Simpson v Cantor Fitzgerald (a masterclass on whistleblowing) and Ameyaw v PwC (online publication of employment tribunal judgments).The book is up to date as at 1 October 2019, although account has been taken of some later developments as at 20 November 2019.
Book Synopsis Employment Law in Context by : David Cabrelli
Download or read book Employment Law in Context written by David Cabrelli and published by . This book was released on 2020-07 with total page 967 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absolute package for students of employment law, this rigorous treatment - which includes extracts from key cases and source materials - uses a running case study to contextualize the law and actively encourages critical thinking.
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