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International law and most national legal systems recognize the right to strike as a fundamental human right. However, the most common qualification for a strike is that the action must first be approved by ballot. These types of requirements are often said to be necessary to protect the democratic rights of the workers - the so-called democratic imperative. But is that truly their aim? This book draws on detailed empirical study of the Australian legislative provisions for pre-strike ballots; a comparative analysis of law and practice in a range of countries including Canada, South Africa, the United States, and the United Kingdom; and the approaches of the supervisory bodies of the International Labour Organisation to evaluate the true purpose and effect of the ballot requirement. While in some cases the ballot requirement provided additional bargaining leverage for unions, overall, the study showed that the principle purpose of ballot requirements is to curtail strikes rather than vindicate the democratic imperative it claims to support. Exploring collective bargaining and union democracy, this is an essential title for those involved in or studying labour law. This book also demonstrates the fundamental shortcomings of ballot regimes, and provides and accessible exploration of the operation of said regimes, which makes this a helpful tool for unionists to understand their rights as workers. It also considers significant policy questions in the field and is relevant in the respect of the international labour law regime.
Consolidated to 12 January 2010, this book provides all regulations and Fair Work Australia Rules 2009 [Interim] for the practical operation of Australia's workplace relations system.
This revised edition of Industrial Relations: Theory and Practice follows the approach established successfully in preceding volumes edited by Paul Edwards. The focus is on Britain after a decade of public policy which has once again altered the terrain on which employment relations develop. Government has attempted to balance flexibility with fairness, preserving light-touch regulation whilst introducing rights to minimum wages and to employee representation in the workplace. Yet this is an open economy, conditioned significantly by developing patterns of international trade and by European Union policy initiatives. This interaction of domestic and cross-national influences in analysis of changes in employment relations runs throughout the volume.
In recent years, there has been an acute crisis of worker representation in the finance sector in Britain. Labour union and staff association membership and density has fallen, collective organisation has experienced dislocation and disorganisation and worker self-confidence has been sapped. Prior to this, there was a sense of an identifiable trajectory towards greater 'unionateness' by labour unions and staff associations, with the sector moving towards growing self-identification of employees as 'workers' and the use of traditional tools of collective bargaining such as threats of strikes and strikes themselves. This study documents and explains these changes in wider historical terms, providing invaluable reading for those interested in the future of both the labour movement and the finance sector.
The "International Labour Law Reports" is a series of annual publications of labour law judgements by the highest courts in a number of jurisdictions. "ILLR" is intended primarily for the use of judges, labour law practitioners, industrial relations specialists and students who need or desire ready access to authoritative information of a comparative nature on problems arising in the field of labour law and industrial relations. Each judgement reprinted in "ILLR" is accompanied by Headnotes and in practically all cases by an Annotation which sets forth, among other things, the legal issues involved, the basic facts of the case (if not included in the judgement itself), the relevant statutory provisions and judicial precendents, the labour law and industrial relations context in which the case arose and the significance of the judgement in the development of the law. The "ILLR" provide the reader with factual information that is not coloured by the personal views of the annotators. As a rule, judgements are printed "in extenso"; editorial discretion has been relied upon to delete or to summarize portions of judgements that are purely technical or only of marginal interest. "Volume 17" covers the period 1 October 1996 to 30 September 1997.
This book offers a critical and timely account of how labour law has become a means for protecting employers rather than workers. The past few decades have witnessed something of a ‘silent revolution’ in the traditional protective role that labour law has played in the lives of workers. While this transformation has been overt in the realm of the market and at the level of the legislature, the role of the judiciary in this process remains significantly under-studied. Focussing on Australia, but drawing also on material from New Zealand, the UK and Canada, this book investigates how the common law has intervened to shape labour law in the image of commercial contract, determining disputes and defining legal issues by ignoring the realities of working life. Under this new conception of labour law, industrial relations between workers and employers are rarely reciprocal or relational. Rather, they are determined by the legal meaning and purpose of the contract of employment, drafted by lawyers for the benefit of employers and their human resources departments. Having demonstrated how approaches to contractual formalist legal reasoning have redefined labour law, this book goes on to propose an array of innovative legal and policy strategies to restore the protective role of labour law to the employment relationship. Scholarly, but also accessible to students, this book will appeal to those with interests in labour law, contract law and sociolegal studies.
A comprehensive guide to industrial relations and the law. The major topics in this area are supplemented by comment on the historical development of the law and the political, economic and industrial influences on the law.