Beyond exchange: the new contract of employment

1998 ◽  
Vol 27 (2) ◽  
pp. 79-102 ◽  
Author(s):  
D Brodie
Keyword(s):  
Contract Of Employment

The World Bank Administrative Tribunal’s External Sources of Law: The Next Chapter (2006–2010) (Part I)

2012 ◽  
Vol 11 (2) ◽  
pp. 199-251 ◽  
Author(s):  
Peter C. Hansen
Keyword(s):  
World Bank ◽  
Administrative Law ◽  
International Treaties ◽  
Quarter Century ◽  
Legal Principles ◽  
The World Bank ◽  
The World ◽  
Contract Of Employment ◽  
External Sources ◽  
National Governments

Abstract The World Bank Administrative Tribunal has begun its second quarter-century with a jurisprudential flowering of extraordinary proportions. Mr. Hansen’s study, which builds on his earlier 25-year retrospective, comprehensively surveys the Tribunal’s numerous doctrinal developments during this time. In this article, which is part one of two, Mr. Hansen revisits two of the four subjects explored in his retrospective: (i) the roles of the contract of employment, Bank rules, international treaties and national laws in the composition of the pactum established between a staff member and the Bank; and (ii) the development of binding custom from the practices of the Bank, other institutions and national governments. The third and fourth subjects, which deal with the Tribunal’s use of general legal principles and precedents drawn from international and domestic tribunals, shall be handled in the forthcoming second part of this study. Extensively footnoted, Mr. Hansen’s study is intended for both academics and practitioners specializing in international administrative law and comparative international jurisprudence.

CONTRACT OF EMPLOYMENT

1985 ◽  
Vol 14 (1) ◽  
pp. 51-53
Author(s):  
R. FENTIMAN
Keyword(s):  
Contract Of Employment

Ministers of Religion and Employment Rights: An Examination of the Issues

2003 ◽  
Vol 7 (33) ◽  
pp. 157-175
Author(s):  
Philip Petchey
Keyword(s):  
Policy Decision ◽  
White Paper ◽  
Employment Protection ◽  
Contract Of Employment ◽  
The Government ◽  
Employment Rights

In 1998 the government published a White Paper entitled Fairness at Work. It invited views on whether legislation should be introduced to take the power to extend the coverage of employment protection rights by regulation to all those who work for another person, not just those employed under a contract of employment. It would not have been apparent from this that the government was considering extending employment protection rights to ministers of religion. Nor is it likely that many people realised this could be the effect of section 23 of the Employment Rights Act 1999 by which Parliament subsequently enacted the proposal contained in the White Paper. Nonetheless the possibility was recognised as the Bill passed through Parliament. Pressed about the government's view as to the position of ministers of religion, the Minister explained that no policy decision had been taken, but he did say:

To the extent that the employee’s contract of employment says anything different from this it is void. The test is an objective one: the court will consider whether the employee has made other inventions, if so, whether he or she has done so recently and whether they are in a similar technical field. The court will also consider whether equivalent employees are also in the habit of making inventions. (b) Higher status employees – where the employee is one of a relatively high status, the tests to be applied are: (1) whether the invention was made in the performance of the employee’s duties; (2) would the responsibilities of the employee render it inconsistent for the employee to hold the invention for him or herself? This raises the question of whether the employee has a special obligation to further interests of the employer’s business (Reiss Engineering v Harris (1987)). Disputes over the ownership of an invention may be dealt with by the High Court or the Patents County Court which may issue a declaration. Alternatively the Patent Office has a mechanism for resolving such disputes. Where the invention in question has been patented, claims of ownership are limited after two years from the grant of the patent. Section 40 provides:

1997 ◽  
pp. 297-300
Keyword(s):  
High Status ◽  
Patent Office ◽  
High Court ◽  
Special Obligation ◽  
Contract Of Employment ◽  
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