[PDF] Remedies Of The Employee In Case Of Breach Of The Employment Contract eBook

Author : Mustafa Rashid Issa
Publisher : Al Manhal
Page : 197 pages
File Size : 33,33 MB
Release : 2018-01-01
Category : Law
ISBN :

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The compensation or remedies after the breach of contract has been important agenda in the legal studies. That’s the reason, compensation after breach of contract become now center of debate in several legal research studies. The numerous laws and acts had constitute and legal experts continuously search to protect basic right in the contract law and urging to provide the basic standard safeguard in contract law for both parties (Employee or employer) involved. This study aims to provide fresh insight of Contract law, breach of contract and compensation with background of Common Law Employment Act. The breach of contract is the common term used in the business world and several cases has registered on daily basis in the different courts of Common Law. In the examination, this study aims to access documentary analysis of the breach of contract cases and their compensation, which has been awarded by the courts complainant. The 10 decided cases of courts (industrial, session and high court) has been chosen randomly from 2010 to 2015. In the conclusion, the study found mix results i.e some of the cases, court declares that appealed has approved and awarded but the compensation they claimed is over estimation. In the some cases, court has given the award in the favor of employee and some cases observed in favor of employer. Descriptor(s): CONTRACTS | INFRINGEMENT | LABOUR CONTRACTS | LABOUR LAW | SEVERANCE PAY | LEGAL RESEARCH | EMPLOYEES | LAWS AND REGULATIONS

Author : Jacolien Barnard
Publisher :
Page : 0 pages
File Size : 19,67 MB
Release : 2011
Category :
ISBN :

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The subject of this note is the case of Weweje v. The Department of Education (case 460/2003 [2009] ZAECBHC 3, judgment delivered 24 April 2009). The decision of the court is not in issue, but the case makes for interesting discussion with regard to the remedies available to the employee where there has been a breach of the employment contract by the employer. Often when dealing with breach of an employment contract, issues of possible unfair dismissal of the employee come to the fore. Although the employee (in cases dealing with breach and unfair dismissal) would have the usual contractual remedies available, he is also compelled to use and follow the procedures provided for in the Labour Relations Act 66 of 1995 (LRA). (Weweje did not deal with unfair dismissal.) Many other situations arise in practice (some of which are also discussed) where the obvious statutory procedures are not applicable. In this note, attention is given to the importance of the structuring of the particulars of claim and the repercussions where the claims of the employee were formulated incorrectly. Possible remedies available to the employee in terms of both common law and legislation are investigated.

Author : Gordon Anderson
Publisher : Edward Elgar Publishing
Page : 393 pages
File Size : 45,27 MB
Release : 2017-09-29
Category : Law
ISBN : 1783479701

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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.

Author : Selwyn Bloch
Publisher : Butterworths
Page : pages
File Size : 49,9 MB
Release : 2005-03
Category :
ISBN : 9780406977311

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Now in it's third edition, Brearley and Bloch focuses on the conflicts of interest which arise between employer and employee when the employee seeks to compete with the employer. Written by two specialist employment law practitioners, the book provides a comprehensive yet practical analysis of the law and good practice. This second edition includes detailed consideration of recent conflicting cases which have given rise to uncertainty in a number of areas and takes account of the changes brought about by the Woolf reforms. It sets out the law, practice and appropriate strategy from both the employer's and employee's point of view. It gives guidance on how to prevent competitive conflicts arising and what to do when they occur, what activities an employee or ex-employee may undertake and what they may not, practical steps to avoid potential conflict when drawing up a contract and the remedies available for breach of contract. Written with a strong practical emphasis, utilising checklists, flowcharts, precedents and case studies, it is an easy-to-use guide for all practitioners and professionals dealing with employment law issues.

Author : Mindy Chen-Wishart
Publisher : Oxford University Press
Page : 531 pages
File Size : 33,72 MB
Release : 2016-02-12
Category : Law
ISBN : 0191074411

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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

Author : Alan Bogg
Publisher : Oxford University Press
Page : 730 pages
File Size : 20,19 MB
Release : 2016
Category : Business & Economics
ISBN : 0198783167

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The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is sensitive to contemporary challenges such as precariousness, the interaction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally and internationally.

Author : Pascal Lagesse
Publisher : Kluwer Law International B.V.
Page : 270 pages
File Size : 13,64 MB
Release : 2006-01-01
Category : Law
ISBN : 9041125469

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The idea for this book came about following the International Bar Association's annual conference that was held in Prague in September of 2005. One of the sessions at this conference co-chaired by Pascale Lagesse and Mariann Norrbom was entitled 'Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information.' International panelists consisted of members of the legal profession, corporate representatives and a court justice. Discussions focused on key issues and the concerns companies have when seeking to protect their confidential information, and insight was given into what employers can do in order to ensure that their employees do not take valuable company information with them upon leaving the company. Using a case study as a basis, particular emphasis was placed on non-solicitation and non-compete covenants, and the extent to which an employer can rely on such covenants when protecting his interests.The specific situation of a key employee who left her employer to join a competitor was addressed, and the types of action the employer could take in order to avoid the solicitation of his clients and staff and prevent his employees from competing against him were discussed. This book picks up where the session left off, and consists of no less than 13 contributions from individuals from 5 continents. Each country representative has been asked to respond to a series of pertinent questions on the subjects of restrictive covenants and protection of confidential information, in order to give a comparative overview of how these issues are treated in different jurisdictions. This comprehensive publication will be a valuable resource tool for legal practitioners, employers, HR professionals and anyone interested in the field of employment law.

Author : Carolyn Sappideen
Publisher :
Page : 646 pages
File Size : 18,38 MB
Release : 2011-01-01
Category : Labor laws and legislation
ISBN : 9780455228297

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For over 30 years, students, academics and professionals have relied on MACKEN'S LAW OF EMPLOYMENT as one of Australia's most respected works in employment law. This 7th edition continues in that tradition. Authored by a distinguished team of experts, the carefully selected topics and case extracts along with the scholarly commentary ensure reputable guidance on common law and equitable principles as they affect contracts of employment.

Author : Edward Yorio
Publisher : Aspen Publishers
Page : 642 pages
File Size : 24,87 MB
Release : 1989
Category : Law
ISBN :

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Use the power of the courts to your advantage to grant equitable, non-monetary relief in contract enforcement when you follow the incomparable guidance of Yorio and Thel. With current, detailed information for today's practitioner, Contract Enforcement covers every aspect of the availability and inherent limitations of equitable remedies in such contract areas as: Real estate Sale of goods Intangible personality Construction contracts Covenants not to compete Wills and other property agreements Employment agreements Franchise agreements International trade You will find in-depth analysis of the policies that underlie contract remedies, As well as clear explanations of the practical consequences of those policies in contract litigation. The effect on availability of equitable relief of such factors as: Right to a jury trial Legal limits on contract damages Disgorgement of profits and agreed remedies are also examined Throughout the book, you'll find concise analysis of all significant specific performance cases, legislation, and commentary.

Author : Graham Virgo
Publisher : Cambridge University Press
Page : 625 pages
File Size : 35,23 MB
Release : 2017-08-24
Category : Law
ISBN : 1316764559

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The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.