Tort liability and employment law have a long and intertwined history. The "control test," initially used by English courts to determine employee status, originated in tort law. Employers can be held liable for damages caused by their employees to third parties and property, provided an employment relationship exists and the employee acted under the employer's control or direction. The evolution of tort liability has often mirrored developments in employment law. A crucial element in establishing employer liability is whether the individual who caused the damage was indeed an employee. This determination rests on the definition of "employee" as established by employment law. Civil courts adjudicating tort claims must interpret the Employment and Labor Law to ascertain the existence of an employment contract between the employer and the injured party. The court cannot apply a different standard for employee identification than the one defined in the Employment ...
Hiruy Wubie[*]
E-Journal of International and Comparative
LABOUR STUDIES
Introductory Remarks
The settlement of labour disputes is a precondition for a harmonious working environment. Clarity of laws governing labour relations, as well as their consistent and adequate implementation, contributes to the establishment of a dependable system of dispute settlement. Pursuant to Ethiopian labour law, labour disputes are classified as individual and collective, and a number of bodies are in charge of resolving these disputes. Yet confusion on the criteria used to draw a distinction between individual and collective labour disputes brings about major issues in terms of interpretation and implementation of relevant legal rules and judicial decisions.
In
this sense, this paper is intended to clarify the criteria used to
differentiate the individual from the collective nature of labour disputes in
Ethiopian labour law, and to cast light on processes and powers assigned to the
actors to seek a settlement. To this end, an analysis of the provisions laid
down in the Labour Proclamation will be carried out, alongside an overview of
legal opinion and the precedents set by the Cassation Division of the Federal
Supreme Court. The aim here is to provide the readership – whether
practitioners and the general public – with some useful insight into a
neglected – yet crucial – topic of national labour law. The article opens with
an examination of the constitutional and statutory basis to settle out labour
disputes in Ethiopia. It then goes on to explain the main criteria adopted to
distinguish between individual and collective labour disputes, particularly by
explaining the rationale for such a distinction as illustrated by the Labour
Proclamation. A Section devoted to the institutions and the procedures meant to
settle the two types of disputes will follow, alongside some concluding remarks
which summarize the main findings of the paper.
[*]
* Hiruy Wubie
is a Senior Lecturer in Law and Head of the Legal Aid Center at University of
Gondar, School of Law, Gondar, Ethiopia.
This is such a great resource that you are providing and you give it away for free. I love seeing blog that understand the value. Im glad to have found this post as its such an interesting one! I am always on the lookout for quality posts and articles so i suppose im lucky to have found this! I hope you will be adding more in the future... Unfair Dismissal
ReplyDeleteIt’s a shame you don’t have a donate button! I’d most certainly donate to this fantastic blog! I suppose for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to brand new updates and will share this blog with my Facebook group. Chat soon! https://dynamichealthstaff.com/nursing-jobs-in-canada-for-indian-nurses
ReplyDeleteThis is such a great resource that you are providing and you give it away for free.lawyer in Dubai
ReplyDeleteSuccess is not just a matter of knowing the law relative to a given business model, but integrating that understanding into review procedures, products and people.บาคาร่าออนไลน์
ReplyDeleteThe relationship between law and morality is a subject of enduring philosophical debate. While laws are designed to regulate behavior and maintain social order, they do not always align perfectly with moral principles. Legal positivism asserts that the validity of law is not dependent on its moral content, whereas natural law theory argues that law should be based on inherent moral principles. This tension is evident in debates over issues such as capital punishment, abortion, and same-sex marriage, where legal and moral considerations often intersect. Ultimately, the interplay between law and morality highlights the complexity of human values and the challenges of crafting legal systems that are both effective and just.interpol lawyer
ReplyDelete