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In this part it is proposed to discuss five aspects of the contract of employment and matters relating to it. The nature of the contract of employment will be considered first and the discussion will then go on to treat statutory intervention as a factor which regulates the underlying structure of the law of employment. In the second instance the characteristics of the contract of employment will be considered. There will then follow a brief excursus on how a contract of employment is formed. Here only offer, acceptance, consideration capacity, intention to enter into legal obligations and form will feature. Discussions on legality of object and restrictive covenants will be left until later. Following on from this third aspect, the fourth will consist of a detailed examination of the statutory written particulars of employment, i.e. (written statement); the discussion will then go on to examine in what circumstances complaints connected with the written statement may be made to an industrial tribunal. The reader will finally be invited to look at a sample written statement by way of practical exercise.

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

The purpose of this article is to explore the impact of reasonable notice legislation on organizational mass lay-off practices in Canada.

Information regarding 1,147 mass lay-off events in Ontario were examined using aggregate level data analysis and ANOVA to develop an understanding of the role of legislation on mass lay-off practices. The data represent all Notice of Mass Termination provided to the Ministry of Labour from 2001 to 2008.

The results suggest that organizations choose to absorb inefficiencies during mass lay-offs to reduce expenses associated with reasonable notice periods. Additionally, the findings suggest that the use of mass lay-offs is polarized, with some organizations executing frequent large lay-offs, whereas others execute infrequent smaller lay-offs.

This research provides evidence that labour legislation influences organizational decision-making during time of significant organizational change, using an ad hoc review of past organizational event. Further research is required to establish the theoretic basis (motivation, rationalization and perceptions) for these empirical results.

As downsizing becomes a business norm, the role of government and the concept of reasonable notice remain largely unexplored. Challenges with data availability continue to pose a significant barrier to effectively integrating both internal and external factors that influence organization level downsizing decisions. This article is very timely and extends the current discourse, by providing a preliminary exploratory analysis on the role of reasonable notice legislation.

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

An Act to amend the law relating to employers and workers and to organisations of employers and organisations of workers; to provide for the establishment of a National Industrial Relations Court and for extending the jurisdiction of industrial tribunals; to provide for the appointment of a Chief Registrar of Trade Unions and Employers' Associations, and of assistant registrars, and for establishing a Commission on Industrial Relations as a statutory body; and for purposes connected with those matters. [5th August 1971]

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

An Act to make further provision for securing the health, safety and welfare of persons at work, for protecting others against risks to health or safety in connection with the activities of persons at work, for controlling the keeping and use and preventing the unlawful acquisition, possession and use of dangerous substances, and for controlling certain emissions into the atmosphere; to make further provision with respect to the employment medical advisory service; to amend the law relating to building regulations, and the Building (Scotland) Act 1959; and for connected purposes. [31st July 1974]

A room attendant in a small hotel with approximately 63 employees undermines her supervisors and disregards authority in deliberate defiance of company policies, rules, regulations and procedures. Disrespect is shown in several behaviours that include interfering with the work of other employees, spreading rumours, gossiping to other room attendants and complaining about unfair treatment.

This case was field researched and the company and individuals are disguised.

This case is suitable for third- or fourth-year undergraduate students. Within human resource management it is suited for use in a course or series of classes on employee relations or performance management. The case could also be used for an organizational behaviour course to explore conflict and struggle in organizations and the range of passive and active resistance practices that occur. In this particular case the context of women and minorities working in low-skilled roles could be examined.

In advance of this case students should have a background in performance management theory and practice, disciplinary systems and practice and the behaviours associated with workplace resistance, insubordination and misconduct.