Proponents of voluntary exchange in labour markets place great reliance on the contract of employment as an appropriate vehicle for the practical implementation of their exchange model. This paper argues a contrary view and suggests that the contract of employment may not be an appropriate vehicle for the voluntary exchange of labour.
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References
1.
BrookP. (1990) Freedom at Work: The Case for Reforming Labour Law in New Zealand, OUP, Aukland.
2.
DiamondA. (1946) The Law of Master and Servant, 2nd ed., Stevens, London.
3.
EpsteinR. (1983a) ‘A Common Law for Labor Relations: A Critique of the New Deal Labor Legislation’, Yale Law Journal, 92, pp 1357–408.
4.
EpsteinR. (1983b) ‘Common Law, Labour Law, and Reality: A Rejoinder to Professors Getman and Kohler’, Yale Law Journal, 92, pp 1435–41.
5.
EpsteinR. (1991) ‘The Common Law and the Labour Market’ in The Law and the Right to Strike, H R Nichols Society, Melbourne, pp 3–13.
6.
FreedlandM. (1976) The Contract of Employment, OUP, Oxford.
7.
FridmanG. (1963) The Modern Law of Employment, Sweet & Maxwell, London.
8.
GetmanG.KohlerT (1983) ‘The Common Law, Labor Law, and Reality: A Response to Professor Epstein’, Yale Law Journal, 92, pp 1415–34.
9.
GottesmanM.H. (1991), “Wither Goest Labor Law: Law and Economics in the Workplace”, The Yale Law Journal, 100, pp 2767–2810.
10.
HoldsworthW. (1924), A History of English Law, Vol. 4, Methuen, London.
11.
MuckenbergerU.DeakinS. (1989) ‘From Deregulation to a European Floor of Rights: Labour Law, Flexibilisation and the European single market’, Journal of Foreign and International Labour and Social Law, 3, pp 153–97.
12.
New Zealand Law Commission, (1991), Aspects of Damages: Employment Contracts and the Rule in Addis v Gramophone Co, Report No. 18, Law Commission, Wellington.
13.
St. AntoineT.J. (1988) ‘A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower’, Nebraska Law Review, 67, pp 56–81.