By Stella Vettori
The global of labor has passed through significant adjustments within the final twenty years. This e-book examines those adjustments of their overseas context. it truly is argued that collective bargaining should still not be seen because the most crucial technique of regulating the employment dating. within the replaced global of labor such an procedure is changing into much less relevant.
Instead, different technique of retaining valid employee pursuits are explored. those comprise: an variation and extension of the overall rules of the legislations of agreement; a constitutional correct to reasonable labour practices; and the pursuit of excellent company governance and company social accountability. the belief is that those replacement technique of addressing valid employee pursuits can play a precious position in filling the vacuum left via the global decline of exchange unions.
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Extra resources for The Employment Contract and the Changed World of Work (Corporate Social Responsibility Series)
Example text
24. Chapter 2 Good Faith as Underlying Principle of Contract Introduction As discussed in chapter one a contract has always formed the basis of the employment relationship in the sense of bringing it into existence. Nevertheless the relationship still exhibits a rather uneasy union between contract and status. This is the case in both typical or standard forms of employment, as well as atypical forms of employment. Judges can and do make law. The adaptation of the common law principles in response to changing socio-economic exigencies is crucial to the development of a framework which is conducive to a measure of fairness.
The content and distinguishing features of the means of procuring consent which are considered improper have and will continue to change over time. For 9 For a detailed discussion on the elements of misrepresentation, the different kinds of misrepresentations, the remedies available to the aggrieved party, in South African law, see Van der Merwe, Contract General Principles, pp. 92–103; for English law, see Robert Upex, Davies on Contract, 9th edition (2003), pp. 107–122; for Australian law, see J.
The extent of ‘improper conduct’ resulting in defects of will that the courts are willing to tolerate may differ from country to country and from judge to judge and from time to time. 72 In such a system rules as apposed to standards73 such as the concept of good faith, form the major component of the system of law. The fact remains, however, that most 67 S 23(1) of the Constitution provides that everyone has the right to fair labour practices. 68 2004, ILJ, 659 (SCA). 69 [2001] 12 BLLR 1301 (A).