Category Archives: Employment and Labour Law
Maayan Niezna, ‘Consent to Labour Exploitation’
ABSTRACT This article argues there is no one-size-fits-all approach to the role of consent to labour exploitation. However, there is significant value in considering the theoretical underpinnings of different legal interventions addressing labour exploitation. The article first explores different theoretical accounts of exploitation in political philosophy: emphasising taking unfair advantage, violation of dignity or coercion. […]
Jonathan Harris, ‘Economic Duress in United States Employment’
ABSTRACT Eight decades after the legal realist and comparativist John Dawson documented the beginning of an evolution of the doctrine of duress in US employment, I have been charged with answering two questions: (1) whether, as Dawson predicted, the doctrine has transitioned from a more restrictive psychological duress standard to a more expansive economic duress […]
Rachel Arnow-Richman and JH Verkerke, ‘Deconstructing Employment Contract Law’
ABSTRACT Employment contract law is an antiquated, ill-fitting, incoherent mess. But no one seems inclined to fix this problem. Employment law scholars, skeptical of employees’ ability to bargain, tend to disregard contract law and advocate for just-cause and other legislative reform. And contracts scholars largely ignore employment cases – viewing them, with some justification, as […]
Blair Druhan Bullock and Joni Hersch, ‘The Impact of Banning Confidential Settlements on Discrimination Dispute Resolution’
ABSTRACT The #MeToo movement exposed how workplace harassment plagues employment in the United States. Several states responded by passing legislation aimed at curbing harassment and employment discrimination in the workplace. One of the most common legislative efforts was to ban confidentiality provisions in certain settlement agreements. These bans, in part, attempted to stop ‘secret settlements’ […]
Sara Emily Burke and Roseanna Sommers, ‘Reducing Prejudice Through Law: Evidence from Experimental Psychology’
ABSTRACT Can antidiscrimination law effect changes in public attitudes toward minority groups? Could learning, for instance, that employment discrimination against people with clinical depression is legally prohibited cause members of the public to be more accepting toward people with mental health conditions? In this Article, we report the results of a series of experiments that […]
Halefom Abraha, ‘A Pragmatic Compromise? The Role of Article 88 GDPR in Upholding Privacy in the Workplace’
ABSTRACT The distinct challenges of data processing at work have led to long-standing calls for sector-specific regulation. This leaves the European legislature with a dilemma. While the distinct features of employee data processing give rise to novel issues that cannot adequately be addressed by an omnibus data protection regime, a combination of legal, political, and […]
‘The Need for Employee-specific Data Protection Law: Potential Lessons from Germany for the EU’
It has long been recognised that personal data processing in the employment context has distinct challenges that require special regulatory treatment. As early as 1999, Spiros Simitis and Mark Freedland, writing independently, reached the same conclusion: that the omnibus rules of the now repealed Directive 95/46/EC were not fit for the particular requirements of the […]
Gray, ‘Relational contract theory, the relevance of actual performance in contractual interpretation and its application to employment contracts in the United Kingdom and Australia’
ABSTRACT This article articulates a theory of relational contract, as an alternative to traditional freedom of contract philosophy. The law has moved away from freedom of contract to some extent, and it can be criticised on the basis of its unrealistic assumptions and detachment from the typical reality of parties’ contracting. Relational contract theory is […]
Giliker, ‘Vicarious liability in the UK Supreme Court and High Court of Australia’
Vicarious liability imposes strict liability on one defendant (the second defendant) for the torts of the first defendant where: (1) Stage One: the relationship between the second defendant and the first defendant is one which makes it proper for the law to make the one pay for the fault of the other; and (2) Stage […]
Brown, ‘The vicarious liability of sports governing bodies and competition organisers’
ABSTRACT This is the first work to explore the possibility of holding sports governing bodies and competition organisers vicariously liable for the tortious behaviour of athletes that compete under their auspices. In contrast to other scholarly contributions on vicarious liability in sport, this paper examines the scope of responsibility for athletes in individual sports (as […]