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The Employees Contractual Duty Of Fidelity
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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 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 Contract of Employment by : Mark Freedland
Download or read book The Contract of Employment written by Mark Freedland and published by Oxford University Press. This book was released on 2016-06-02 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is sensitive to contemporary challenges such as precariousness, the interaction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally and internationally.
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.
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 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 Employment Law 2018 by : Gill Phillips
Download or read book Employment Law 2018 written by Gill Phillips and published by College of Law Publishing . This book was released on 2018-01-22 with total page 897 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 explain the framework governing employment contracts, dismissal procedures and redundancy payments. The book also covers TUPE, discrimination law and family friendly legislation.
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 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 Post-Employment Covenants in Employment Relationships by :
Download or read book Post-Employment Covenants in Employment Relationships written by and published by Kluwer Law International B.V.. This book was released on 2014-04-15 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of the Comparative Law Yearbook of International Business surveys issues involved in post-employment employer-employee relations and the ability of employers to control the conduct of a former employee. The survey’s introductory chapter provides a general review of issues in the context of multiple jurisdictions, followed by countryby-country analyses of 17 jurisdictions, encompassing reports on Argentina, Belgium, Canada, China, Germany, Gibraltar, Hungary, Iran, Italy, Japan, Luxembourg, Mexico, The Netherlands, New Zealand, the Slovak Republic, Switzerland, and the United Kingdom.
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.
Download or read book Employment Law written by Jane Moffatt and published by Oxford University Press, USA. This book was released on 2011 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Employment Law' is the core text for trainee solicitors studying employment law on the professional practice course. It provides an overview of current Irish employment law including recent changes in legislation, making it an excellent starting point on the subject.
Book Synopsis Intellectual Property Law by : Tanya Aplin
Download or read book Intellectual Property Law written by Tanya Aplin and published by Oxford University Press. This book was released on 2021 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a full and clear exposition of the fundamentals of intellectual property law in the UK. It combines excerpts from cases and a broad range of secondary works with insightful commentary from the authors which will situate the law within a wider international, comparative and political context.
Book Synopsis Selwyn's Law of Employment by : Norman M. Selwyn
Download or read book Selwyn's Law of Employment written by Norman M. Selwyn and published by Oxford University Press, USA. This book was released on 2014 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selwyn's Law of Employment has long been relied upon as essential reading by law students and practicing lawyers, as well as those studying employment law in a business or professional environment. Astra Emir continues Norman Selwyn's popular and practical approach to the subject providing a clear and succinct account of all areas of employment law, ideal for both law students and readers without a legal background. Both individual and collective employment law issues are considered, alongside a broad range of UK and EU case law, helping you to gain a complete understanding of this fast-moving area of the law. Online Resource Centre This book is accompanied by an Online Resource Centre, which offers reliable and regular updates to the law following publication.
