Cyber Law and Employment
Author : Cliona Kimber
Publisher: Round Hall
Publication Date: 30/04/2016
This cutting edge book examines the transformative effect of the internet and social media on the employment relationship, and how this presents new challenges for lawmakers and the courts alike.
The authors examine the theoretical and legal frameworks which underpin privacy, data protection, free speech and property rights and interests. The authors apply these principles to the challenges presented by internet speech, with particular emphasis on the employment relationship.
The book spans the pre-employment stage of recruitment, the period of the employment contract itself, and the post-employment phase dealing with such issues as defamation, privacy and surveillance, cyber bullying and harassment, damage to business reputation, theft of confidential business information and the remedies available when breaches of rights occur.
* Contains up-to-date case law in common law jurisdictions worldwide, EU, European member states and international courts in this nascent area of law
* Examines discipline and dismissal of employees for internet abuse, the law on ownership and theft of confidential information by employees, as well as remedies, such as internet takedowns, Google Spain removals, and injunctive relief
* Examines how existing laws may be adapted to remedy online wrongs, and to what extent there are lacunae which require new cyber laws in order to ensure that basic human rights such as privacy, reputation and autonomy are protected.
"The book is truly comprehensive in its scope. It touches on those areas where attempts, whether successful or not, have been made to adapt existing law to the cyber world. It also deals with many of the problems which are largely a creation of that world such as cyber bullying and trolling. The careful analysis conducted in respect of all of these areas perhaps demonstrates, at the big picture level, the problems with which we are all confronted in handling the new normal."
Judge Frank Clarke, Supreme Court, Republic of Ireland, Foreword to Cyber Law and Employment.
About the Authors
Pauline Walley is a senior counsel with a general practice in civil and criminal litigation
Cliona Kimber is a barrister with over 13 years experience of litigation. She specialises in employment law.