Restoring Sanctity of Contract in Employment Relationships

New Zealand Business Roundtable
1 November, 1999

I can think of two possible approaches to the general question of how to restore the sanctity of property and contract - a systematic exposition from first principles or a more autobiographical account. On this occasion, I will begin with some personal reflections. Thereafter, I shall adopt a more theoretical stance to analyse the key issues relating to the sanctity of property and contract from the perspective of one particular set of disputes - employment contracts. My primary focus will be on contracts involving relationships with unions. Only toward the end will I move on to more modern employment issues such as unjust dismissal laws. These topics raise many of the same problems encountered in dealing with unions, but present some new issues as well. Because I have already discussed the contract at will several times in New Zealand, on this occasion I do not wish to address that topic again directly, although, of necessity, it will figure in the larger discussion.

Stay in the loop: Subscribe to updates