BU231 Chapter Notes - Chapter 18: Wrongful Dismissal, The Employer, Constructive Dismissal
Document Summary
Relationship of master and servant: the contractual relationship between an employer and an employee. Economic and social changes of the past century have changed employment relationship in two respects: statutes have been passed to establish minimum standards for safe and fair working conditions. Known as employee welfare legislation: organization of labour into trade unions had led to the evolution of the collective agreement. Known as labour law or law of collective bargaining. Compared with agency: contract gives authority to direct and control the work of the other party, the services that are contracted for may or may not include making contracts with third parties as agent for the employer. Same person is often both an employee and an agent. Liability in contract: promisor remains liable for satisfactory performance and any breach of contract should its own employees do improper work. If not at work, the employee themselves is liable (vicarious liability)