Category Archives: Employment and Labour Law
‘Private Law Theory Meets the Law of Work’ (Theoretical Inquiries in Law, volume 24, no 1 (2023))
Frontmatter and Introduction Nondomination and the Ambitions of Employment Law (Aditi Bagchi) Relational and Associational Justice in Work (Hugh Collins) Can Contract Emancipate? Contract Theory and the Law of Work (Hanoch Dagan and Michael Heller) The Work of Tort Law: Why Nonconsensual Access to the Workplace Matters? (Avihay Dorfman) The Classical Liberal Version of Labor […]
Christopher Sullivan and Justin Ritter, ‘Banning Noncompetes in Virginia’
ABSTRACT The past decade has seen a nationwide wave of reform in noncompete law, specifically the limitation of noncompete agreements. Since 2016, ten states – including Virginia in 2020 – banned the use of noncompete agreements against certain ‘low wage’ employees. In order to stay ahead of this curve and ensure Virginia remains and grows […]
Amanda Reilly, ‘Good Faith in the Time of COVID-19’
ABSTRACT This article discusses some key legal developments related to Covid-19 and employment law. It considers both those related to the economic impact of Covid-19 and those related to vaccination requirements. Some legal issues which arose were specific to the circumstances of the Covid19 pandemic while others raise more broadly applicable questions which are yet […]
MP Ram Mohan and Sai Muralidhar K, ‘In Pursuit of Balance: Vicarious Liability Doctrine in the United Kingdom and in India’
ABSTRACT The Doctrine of Vicarious Liability is a unique exception to the principle of fault-based liability and holds persons liable for the actions of third parties. The recent verdicts in Wm Morrison Supermarkets v Various Claimants (2020) and Various Claimants v Barclays Bank (2020) by the Supreme Court of UK restricting the scope of vicarious […]
Kenneth Thornicroft, ‘Class Actions, Employment Contracts and Remedying Hostile Workplaces’
ABSTRACT Several class actions have been filed in recent years regarding alleged workplace bullying and harassment. These actions typically seek a global award of compensatory damages. The Lewis v WestJet class action is novel in that it seeks disgorgement of monies saved by the employer in failing to adhere to its contractual obligation to maintain […]
Sanford Jacoby, ‘The Duration of Indefinite Employment Contracts in the United States and England: An Historical Analysis’
ABSTRACT Until the mid-nineteenth century, English and American courts held that indefinite employment contracts could not be terminated at will. The stance was a legacy of strictures found in the Statute of Artificers. But by the turn of the century, English and American law no longer agreed. In England, the courts now required that reasonable […]
Anne Lafarre and Bas Rombouts, ‘Towards Mandatory Human Rights Due Diligence: Assessing Its Impact on Fundamental Labour Standards in Global Value Chains’
ABSTRACT Human rights due diligence (HRDD) is the main (voluntary) process through which companies can assess and address negative human rights impacts. In recent years, however, mandatory HRDD requirements are increasingly seen as a more effective way to persuade more companies to better address human rights risks in their global value chains (GVCs). This study […]
‘Should An Employer Be Allowed To Fully Insure Against Employment Discrimination It Facilitated?’
Erin E Meyers and Joni Hersch, ‘Employment Practices Liability Insurance and Ex Post Moral Hazard’, 106 Cornell Law Review 947 (2021). In their article ‘Employment Practices Liability Insurance and Ex Post Moral Hazard’, Erin Meyers and Joni Hirsch argue employers should not be able to fully avoid employment discrimination liability through employment practices liability insurance […]
Liam Meagher, ‘Employment Class Actions: Past Use and Present Utility’
INTRODUCTION Before 1992, representative proceedings, in which a party conducts the claims of many individuals against a defendant, were brought pursuant to court rules modelled on Chancery Court procedures. But courts interpreted these rules as only enabling representative proceedings in a narrow set of circumstances, and they ‘fell into disuse’. The introduction of Part IVA […]
William Corbett, ‘“You’re Fired!”: The common law should respond with the refashioned tort of abusive discharge’
ABSTRACT An at will prerogative without limits could be suffered only in an anarchy, and there not for long-it certainly cannot be suffered in a society such as ours without weakening the bond of counter balancing rights and obligations that holds such societies together. Thus, while there may be a right to terminate a contract […]