Preface

This book plugs into an area of law that will assist to foster a harmonious working relationship between an employer and employee, so vital for the economic and social development of the nation.

The Contract of Employment is the very core of the relationship between the employer and the employee and thus the main focus of this book is the dynamics of the employment relationship, its contractual aspects, issues relating to the termination of this relationship and the avenues of redress provided by Section 20 of the Industrial Relations Act 1967, taking into account its recent amendments which came into effect on 28 February 2008.

The Common Law of employment is examined to show that its failure to accommodate the recent trends in the evolution of the employment relationship necessitated legislative intervention.

Wherever relevant, reference is made to the experience of common law and statutory law of selected commonwealth jurisdictions such as Canada, Australia, New Zealand, India and the statutory law of England on which our industrial law developed to its present strength.

A comprehensive yet concise presentation has been made to issues relating to outsourcing and its legal requirements, guidelines in conducting a proper domestic inquiry, guidelines in conducting a valid retrenchment exercise, the concept of whistle blowing with its statutory defenses, and the law relating to constructive dismissal.

The unique features of the Industrial Court have been discussed, its functions distinct from that of the proceedings before the Director General of Labour.

The evolution of legal principles by our superior courts that have impact markedly on the employment relationship has been addressed and this is significant to the law and practice of industrial relations in our country.

The book also provides examples of specific clauses in an employment contract to be used as a guideline in negotiating the contracts.

I would like to express my gratitude to all those who have assisted in preparing the manuscript for publication. The work is dedicated to Christy Vincent Netto and Iris Netto. The law is stated as at 8 September 2008.