Codification

Gordon Anderson (), Douglas Brodie () and Joellen Riley ()

Chapter 11 in Employment Law for a Brave New World, 2025, pp 182-199 from Edward Elgar Publishing

Abstract: This chapter assesses the extent to which codification may be beneficial to the law of the employment contract. In any area of the common law codification can offer a number of benefits; access to justice is a hugely important consideration. Ease of comprehension can also be hindered by excessive amounts of reported case law; codification can consolidate and simplify. Gaps in the law can also be addressed efficiently whereas successful development of the common law is dependent on litigation occurring in areas where the law is unclear, incomplete or outdated. Difficult doctrinal challenges can be addressed such as regulating contracting-out of key implied obligations. Codification may be particularly helpful where the most appropriate response is a heavily nuanced one.

Keywords: Employment law; Codification; Derogation; Contracting out; Access to justice; Dismissal (search for similar items in EconPapers)
Date: 2025
ISBN: 9781800379923
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