Fair dealing and the world of work

Research output: Contribution to journalArticle

1 Citation (Scopus)

Abstract

Traditionally, labour lawyers have held that there is a strict dichotomy between employment and commercial law; they regulate relationships which are different in nature and underpinned by different values. The emergence of the implied obligation of mutual trust and confidence can be portrayed as confirming the validity of that dichotomy. It is the contention of this paper that it is now increasingly the case that contracts for the provision of work are underpinned by shared values. One of the strongest manifestations of this process of harmonisation is the fact that obligations of fair dealing are becoming much more prevalent. The paper contends that where contracts for the provision of work are concerned this is most likely to occur where the relationship can be seen as analogous to employment. The paper explores the difficulties involved in determining whether an analogous relationship exists and goes on to discuss the implications of harmonisation for both the employment contract and the contract for services. The relevance of the emergence of the concept of the relational contract is addressed. 

LanguageEnglish
Pages29-51
Number of pages23
JournalIndustrial Law Journal
Volume43
Issue number1
DOIs
Publication statusPublished - Mar 2014

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working-day world
harmonization
obligation
commercial law
employment contract
employment law
lawyer
Values
confidence
labor

Keywords

  • employment law
  • fair dealing
  • employment contracts
  • commercial agreements

Cite this

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Fair dealing and the world of work. / Brodie, Douglas.

In: Industrial Law Journal, Vol. 43, No. 1, 03.2014, p. 29-51.

Research output: Contribution to journalArticle

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