Essay on Employment Law 2

1541 WordsJan 12, 20157 Pages
The common law and human rights both provide important protections for individuals, groups and society in general. Along with this benefit, however, both human rights and the common law have shortcomings with their protections which are limited or lost for many reasons, depending on the particular subject matter, the solutions required, statutory intervention, or the parties involved. The protection of rights and freedoms must remain aware of both human rights and the common law because the best outcome requires the considered use of both. Common law is the law which has been developed in the courts. Where there is no explicit agreement between the employer and the employee that rule termination or notice, the court will imply into the…show more content…
Judges have always been out to screw over the workers, and they still are. When dealing with employment law there are always positive and negatives aspects to Common law that can either infringe or obey employee human rights. There are many pros for common law seen in employment law which usually benefits the employee and not the employer. The common law interpretive principle protective of rights and freedoms against statutory incursion retains its vitality, although it has evolved from its origins in a rather anti-democratic, judicial antagonism to change shaped by statute. It has a significant role to play in the protection of rights and freedoms in contemporary society, while operating in a way that is entirely consistent with the principle of parliamentary supremacy. Whether it goes far enough or whether we need a Human Rights Act to enhance that protection with judicial and administrative consideration of statutory consistency with human rights and freedoms is a matter for ongoing debate. Common law permits courts to create rules of law based on case facts which can be used as precedence in future cases to provide guidance. The system is in a constant state of evolution but with a decided emphasis favoring the protection of precedence. It permits the court to prevent
Open Document