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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Rethinking Job Security: A Comparative Analysis of Unfair Dismissal Law in the UK, Australia and the USA

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ISBN13: 9781472450579
To be Published: October 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £95.00

This book critically examines the proper role of the law in protecting job security in the contemporary workplace. It provides a historical, theoretical, practical and comparative perspective on this under-researched, but fundamentally important, legal mechanism at a time when the pressure to deregulate and dilute worker-protective laws has taken on increased importance. The volume critically analyses both statute and case law from three advanced industrialised liberal democracies with a common law foundation, the UK, Australia and the USA, to understand the extent to which job security is realised.

By applying a common approach and a conceptual framework that emphasises the complex relationships between law, the economy and society to analyse a series of national studies, the book is also designed to draw upon the insights of comparative analysis to deepen our understanding of the limits and possibilities of legal regulation of job security. The national case studies are supplemented by research that focuses on how supra-national organisations have sought both to develop and disseminate new legal norms around the practices and processes of dismissal. This study critically analyses and assesses the adequacy of the international regulatory framework for protecting the rights of employees in the dismissal process.

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Employment Law
Foreword by Professor Mark Freedland QC (Hon), FBA
Table of Cases
Table of Legislations
International Conventions
1. Introduction
2. United Kingdom - Part I: The Journey to Unfair Dismissal Law
3. United Kingdom - Part II: The Evolution and Erosion of Unfair Dismissal Law
4. Australia - Part I: The Journey to Unfair Dismissal Law
5. Australia - Part II: The Evolution and Erosion of Unfair Dismissal Law
6. United States of America - Part I: The Origins of Employment at Will
7. United States of America - Part II: The Evolution and Erosion of Employment at Will
8. Conclusion - Future Prospects for Job Security