For many years the damages available to an employee in a wrongful dismissal action have been somewhat limited. A conservative approach to the question of measure of damages has prevailed and the recoverable heads of damage have been restricted. In particular, damages for injury to feelings and...

This paper is derived from our book The Common Law Employment Relationship: A Comparative Study recently published by Edward Elgar. This paper considers three key observations drawn from the book. First, the common law has developed differently in each jurisdiction, under the influence of the...

In Lister v Hesley Hall [2002] 1 AC 215 the House of Lords reformed the law on vicarious liability, in the context of a claim arising over the intentional infliction of harm, by introducing the close connection test. The immediate catalyst was the desire to facilitate recovery of damages on the...