Book contents
- Frontmatter
- Contents
- Preface
- Abbreviations
- 1 Introduction
- 2 The reception of Bazley v Curry
- 3 Enterprise risk
- 4 The risk and the individual
- 5 The enterprise
- 6 The borrowed employee
- 7 Independent contractors
- 8 Transferring the burden: the employer's right of indemnity
- 9 Risk and the employment relationship
- 10 Enforcement of the employment contract
- 11 Enterprise liability and non-delegable duties
- 12 Fundamental obligations
- 13 Concluding remarks
- Index
12 - Fundamental obligations
Published online by Cambridge University Press: 17 November 2010
- Frontmatter
- Contents
- Preface
- Abbreviations
- 1 Introduction
- 2 The reception of Bazley v Curry
- 3 Enterprise risk
- 4 The risk and the individual
- 5 The enterprise
- 6 The borrowed employee
- 7 Independent contractors
- 8 Transferring the burden: the employer's right of indemnity
- 9 Risk and the employment relationship
- 10 Enforcement of the employment contract
- 11 Enterprise liability and non-delegable duties
- 12 Fundamental obligations
- 13 Concluding remarks
- Index
Summary
Enterprise liability has the potential to have a significant impact on the obligations which govern the relations of employer and employee; so far it has not done so. Should it do so we might expect to see changes in the way that risk is allocated between the parties to the employment relationship (as discussed in Chapters 8, 9 and 10). Despite this the common law of employment has evolved very considerably in recent years and displayed far greater recognition of the interests of employees. Through the medium of the employment contract rather than the law of tort, the courts in all the jurisdictions under review have, through mechanisms such as implied terms, strengthened the rights of employees. The philosophical imperative has not been tort law's vision of enterprise liability. Instead a different conception of corporate responsibility has been arrived at through a judicial articulation of the key values which underpin the employment relationship. It is now judicially recognised that: ‘Work is one of the most fundamental aspects in a person's life, providing the individual with a means of financial support and, as importantly, a contributory role in society. A person's employment is an essential component of his or her identity, self worth and emotional well-being.’ It follows from this that it is hugely important that the obligations of the employment contract serve to promote the dignity of the employee and ensure he/she is treated with respect.
- Type
- Chapter
- Information
- Enterprise Liability and the Common Law , pp. 165 - 179Publisher: Cambridge University PressPrint publication year: 2010