Category Archives: Employment and Labour Law
Naivi Chikoc Barreda, ‘Jurisdiction over cross-border employment contracts in Canada and its implication for teleworking’
ABSTRACT The expansion of various forms of remote work has become a reality worldwide. This trend raises the question of whether the current regime of territorial competence in cross-border employment litigation adequately addresses the challenges arising from digitalization of work in the global market. This chapter examines the Canadian Private International Law rules on jurisdiction […]
‘Thumbs Up to Using Visuals in Contracts: How Visuals in Contracts Will Survive Court’
For many legal practitioners, the thought of a visual contract is terrifying. After all, without all the flowery legalese, how will a court know how to interpret the contract? Except that the traditional approach to contract drafting is changing as drafters increasingly focus on clarity. Clarity can come in many forms: plain, uncomplicated language, white […]
James Murray, ‘Towards a More Conventional Approach: Article 10 and Unfair Dismissal in England (Case Comment)’
ABSTRACT This case note considers the case of Aghajanyan v Armenia and gives comment on how it impacts protection for Article 10 Convention rights in the context of the employment relationship, with particular focus on how it might impact the development of the English law of unfair dismissal in the context of both current and […]
Abraham Cable, ‘Stock Options of Adhesion’
ABSTRACT Many startup employees do not negotiate or seriously investigate their stock option agreements. On its face, this is concerning because stock options and other forms of equity compensation are considered a key part of the Silicon Valley system. Accordingly, scholars and regulators have called for fundamental reform of securities laws in the name of […]
Gwyneth Pitt, ‘“The Simple Things You See Are All Complicated”: Thoughts on Deliveroo’
INTRODUCTION Is gigging in the digital economy the ultimate freewheeling, laidback working lifestyle or the worst kind of exploitative casualisation? It would seem, from their many attempts to gain access to a better regulated regime, well documented in the case law, that many gig workers tend to the latter rather than the former view. There […]
‘AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)’
Last month, Advocate General (AG) Szpunar issued his Opinion in case C-575/23, this being the first request for a preliminary ruling on the interpretation of Directive (EU) 2019/790. The referral, which originates from the Belgium’s Supreme Administrative Court [see The IPKat here on the national proceedings], concerns the interpretation of Arts 18 to 23, which […]
Jeremy Telman, ‘When Specific Performance of Personal Service Contracts Is the Right Remedy’
ABSTRACT This brief response to ‘The Case for Specific Performance of Personal Service Contracts’ by Kim Krawiec and Nate Oman builds on their suggestions for a limited expansion of the availability of the specific performance remedy in contracts for personal services. The response quickly reviews Professor Krawiec and Oman’s arguments and registers some skepticism as […]
Einat Albin, ‘The Three-Tier Structural Legal Deficit Undermining the Protection of Employees’ Personal Data in the Workplace’
ABSTRACT Even though personal data protection is a fundamental right, and legislation and the courts aim to pursue it, in practice, employees have no meaningful protection of their personal data within the workplace and have few opportunities to act, individually or collectively, to ensure the security of their data. In this article, I argue that […]
Clare Williams, ‘Ability Capitalism: Law’s Constitutive Role in Constructing Disability’
ABSTRACT In proposing a theory of ability capitalism, this paper considers how, where, when, and why law plays a constitutive role in labour market constructions of disability. In problematising typical or mainstream accounts that see markets as ‘natural’ social orderings, the paper suggests a constitutive economic sociology of law lens that shifts beyond the embeddedness […]
‘The Right to Work and Social Justice in the Face of Mass Unemployment’
This post focuses on social justice in the realm of work, more specifically on access to jobs and livelihoods. Daniela Caruso, in proposing in 2013 a retrospective analysis of social justice scholarly projects in European ‘private law’ and/or ‘contract law’, rightly criticized the tendency of those projects to focus almost exclusively on consumer protection and […]