Individual Employment Disputes: Definite and Indefinite Term Contracts

Individual Employment Disputes: Definite and Indefinite Term Contracts

Individual Employment Disputes: Definite and Indefinite Term Contracts

Individual Employment Disputes: Definite and Indefinite Term Contracts

Synopsis

This work discusses the individual contract of employment at a time of significant changes in the judicial case law. Revealing that labor courts and arbitrators still favor employers' rights to freely discharge employees, Brodie focuses on the themes that remain constant, including judicial restraint, employer rights, and just cause. All facets of creating, modifying, and ending the employment relationship are examined. Topics covered include forums for contract disputes, specific clauses subject to frequent dispute, and statutes and the employment at will doctrine.

Excerpt

These materials discuss the individual contract of employment at a time of significant changes in the judicial case law and the growing number of employment related statutes. In the face of these changes, these materials identify some of the themes that remain constant. Paramount among these constant elements are the doctrines of judicial restraint and employer rights, and the concept of just cause. Contract interpretation requires knowledge about the nature of contracts as well as knowledge about the nature of the dispute resolution forums. Contract disputes are resolved through the interplay of these elements. These materials provide background and discussion of this interplay among forums, contracts, and statutes. The background research involves court decisions at the state and federal level and arbitration awards.

These materials are aimed at public and private sector professionals involved in employment relations, including attorneys, personnel administrators, human resource managers, employee relations specialists, and union representatives. In addition, they are directly useful to employers and employees.

Chapter I identifies some of the elements that must be considered in determining whether an employment relationship exists. Preliminary definitions of the employer, employee, quit, and discharge are considered.

Chapter 2 discusses courts, arbitration, due process, in house grievance mechanisms, and government agencies as possible dispute resolution forums for employment disputes. Special attention is given to the doctrine of forum self-restraint.

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