THE CONTRACT OF EMPLOYMENT IN LABOUR LAW: OBSTACLE OR PANACEA?

Autor:	Nicola Smit, Radley Henrico
Rok vydání:	2021
Předmět:	Panacea (medicine) Power (social and political) Collective bargaining Labour economics Constitution Argument Statutory law Political science Labour law media_common.quotation_subject Legislation Law and economics media_common
Zdroj:	Obiter. 31
ISSN:	2709-555X 1682-5853
DOI:	10.17159/obiter.v31i2.12358
Popis:	The disparity of power in the employment relationship has courted argument that this imbalance continues to be perpetuated in the guise of “the contract of employment”, thereby rendering the contract of employment irrelevant and ineffective in advancing labour law rights. This article counters this view by illustrating the changed nature of the traditional foundation of the employment relationship, known as the contract of employment. The advent of a constitution and our courts’ willingness to develop and strengthen rights and obligations arising from the contract of employment are considered. In addition, the impact of legislation, collective bargaining and the recent more purposive interpretation of the statutory definition of “employee” are discussed. The writers conclude that, although the contract of employment is not a panacea to the employment relationship, it is useful and expedient when interpreted and enforced against the backdrop of constitutional imperatives.
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_________::9b7523a5d9687436f674a6a1facd330e https://doi.org/10.17159/obiter.v31i2.12358 Zobrazit plný text záznamu