ABSTRACT The notion of employment as a relational contract has received much academic attention and is gradually being recognised by common law courts in judicial decision-making. This article focuses on a primary question: what impact, if any, could that relational classification have on the remedies available where an employment contract is breached? Given that this question has not yet been considered judicially, and only mentioned in passing in academic writing, this article seeks to probe the question by traversing existing judicial and academic understandings of employment contracts as relational in nature. It then considers the potential impact that the relational classification may have on the remedies available to employees whose employment contracts have been wrongfully terminated by their employer. Three options are put forward in respect of the potential impact on the remedy available for breach, each of which is underpinned by a combined theoretical and doctrinal analysis. First, it is suggested that awards for specific performance may become more prevalent. Secondly, there may be a place for a special category of relational damages. Finally, it is acknowledged that the relational classification may end up having no impact on the available remedy at all.

中文翻译：

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作为关系合同的雇佣及其对违约救济的影响

摘要 雇佣作为关系合同的概念受到了学术界的广泛关注，并逐渐被普通法法院在司法决策中所认可。本文关注一个主要问题：如果有的话，这种关系分类会对违反雇佣合同时可用的补救措施产生什么影响？鉴于这个问题还没有被司法考虑，并且只是在学术著作中顺便提及，本文试图通过遍历现有的司法和学术对雇佣合同本质上的理解来探讨这个问题。然后，它考虑了关系分类可能对雇佣合同被雇主错误终止的雇员可用的补救措施产生的潜在影响。关于对可用于违约的补救措施的潜在影响，提出了三个选项，每一个选项都由理论和理论分析相结合。首先，建议对特定表现的奖励可能会变得更加普遍。其次，可能存在特殊类别的关系损害赔偿。最后，人们承认关系分类最终可能对可用的补救措施完全没有影响。