Employment Law Notes
Unpaid
Employment law
Seminar 1- 15/09/09
Introduction
Why are you doing employment law?
Are any of you employees? If so, what kind of employee are you?
Are any of you contractors?
What is employment law about?
Is it about rights, duties, powers or liabilities of employees or some or all of them?
Is it about ensuring employers know where they stand so that they can get on with maximisation of profit? The cost effect/analysis of employment law
Employment law as a means of regulating the employer/employee relationship
Employment law as a means of resolving disputes
Employment law as a pure system of contract
Employment law as a status/relationship
Employment law trade-offs: - (i) Supremacy of managerial decision-making power and autonomy; (ii) Interests’ of workers and their protection.
Why do workers and employees need protection?
Why is there a need for Employment Law? Why does the law intervene?
Will Contract law and Delict/Tort law not suffice?
Regulating Inequality of bargaining power and market imperfections: the choices: - (i) Market Regulation – the invisible hand of competition and the law of the jungle; (ii) Managerial self-regulation; (iii) Disclosure Systems; (iv) Legal Regulation
Employment Law as a form of legal regulation
What kind of legal regulation?
1. Accreditation/Authorisation systems (e.g. financial services sector, licensing law)?
2. Common Law of Master & Servant;
3. Collective Bargaining and Trade Unionism;
4. Legislation and fast-track dispute resolution systems;
5. Supranational law – ILO & EC law – Article 119, etc
6. The Sources of Employment Law
1. Common Law: - (i) ECJ (ii) ECHR (iii) House of Lords (iv) CoAppeal/Inner House of CoSession
(v) High Court/Outer House of CoSession (vi) County Court/Sheriff Court (vii) Employment Appeal Tribunal - Caulfield v Marshalls Clay Products and Clarke v Frank Staddon Ltd [2004] IRLR 564 - The EAT sitting in England is not bound by a
Employment law
Seminar 1- 15/09/09
Introduction
Why are you doing employment law?
Are any of you employees? If so, what kind of employee are you?
Are any of you contractors?
What is employment law about?
Is it about rights, duties, powers or liabilities of employees or some or all of them?
Is it about ensuring employers know where they stand so that they can get on with maximisation of profit? The cost effect/analysis of employment law
Employment law as a means of regulating the employer/employee relationship
Employment law as a means of resolving disputes
Employment law as a pure system of contract
Employment law as a status/relationship
Employment law trade-offs: - (i) Supremacy of managerial decision-making power and autonomy; (ii) Interests’ of workers and their protection.
Why do workers and employees need protection?
Why is there a need for Employment Law? Why does the law intervene?
Will Contract law and Delict/Tort law not suffice?
Regulating Inequality of bargaining power and market imperfections: the choices: - (i) Market Regulation – the invisible hand of competition and the law of the jungle; (ii) Managerial self-regulation; (iii) Disclosure Systems; (iv) Legal Regulation
Employment Law as a form of legal regulation
What kind of legal regulation?
1. Accreditation/Authorisation systems (e.g. financial services sector, licensing law)?
2. Common Law of Master & Servant;
3. Collective Bargaining and Trade Unionism;
4. Legislation and fast-track dispute resolution systems;
5. Supranational law – ILO & EC law – Article 119, etc
6. The Sources of Employment Law
1. Common Law: - (i) ECJ (ii) ECHR (iii) House of Lords (iv) CoAppeal/Inner House of CoSession
(v) High Court/Outer House of CoSession (vi) County Court/Sheriff Court (vii) Employment Appeal Tribunal - Caulfield v Marshalls Clay Products and Clarke v Frank Staddon Ltd [2004] IRLR 564 - The EAT sitting in England is not bound by a
Cited: After discovered Conduct and Appeals This was settled in Devis v Atkins (1977) by the HOL