This paper is derived from our book The Common Law Employment Relationship: A Comparative Study recently published by Edward Elgar. This paper considers three key observations drawn from the book. First, the common law has developed differently in each jurisdiction, under the influence of the particular social and political circumstances in those jurisdictions. Second, the changing modes in which enterprises seek to engage subservient labour have placed the common law concept of employment under considerable pressure, and have (consequently) generated some evolution in the common law approach to defining employment. These developments also evidence jurisdictional variation. Finally, the impact of new technology has tested the common law's capacity to accommodate changing expectations in employment relationships. Here we find fewer jurisdictional differences, and a greater tendency towards conservatism.

The contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve. International employment law experts provide a comparative study of the contract of employment across three closely related common law jurisdictions: the UK, Australia and New Zealand. Adopting a thematic approach, they analyse the key facets of the common law of employment such as who is an employee, the implied duties of employees and the restraints on employee mobility. Examining the interaction between common law and domestic statutory law and the politics and labour relations systems, this book considers the legal variations for each jurisdiction and its response to new developments in employment. It addresses the capacity of the common law to respond to contemporary developments such as the `gig' economy and the increasingly intrusive surveillance of employees, both at work and in their private lives. Insightful and contemporary, this book will appeal to students and scholars of employment and contract law as well as those studying comparative law more widely. Practitioners involved in employment policy or employment litigation will also benefit from the wealth of up-to-date knowledge on common law trends and developments.

This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.

Individual Employment Law has been significantly revised and updated to include legislative and caselaw developments from 2000 to 2008. It gives an overview of employment contracts and employment relationships as they are dealt with both by common law and statute, including human rights issues, occupational health and safety, and industrial standards legislation. The book treats obligations of both employers and employees, the enforcement of employment rights in multiple forums, and contains an in-depth examination of termination of employment.

The contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve.

A guide to employment law. One of the most rapidly evolving areas of law involves individual employment rights. Individual employment rights has no clearly defined boundary. It encompasses a multitude of employment statutes and court decisions. It finds its support in constitutional law and has developed as part of specialized employment law areas involving record keeping and disclosure, labor relations, health and safety, labor standards, fair employment practices. This book consolidates these fragmented individual employment rights into a centralized reference source.