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Author: Eugene Schofield-Georgeson
Publisher: Taylor & Francis
ISBN: 1040086632
Category : Law
Languages : en
Pages : 202
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Book Description
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.
Author: Eugene Schofield-Georgeson
Publisher: Taylor & Francis
ISBN: 1040086632
Category : Law
Languages : en
Pages : 202
Get Book Here
Book Description
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.
Author: Ronald Clive McCallum
Publisher: CCH Australia Limited
ISBN: 192132242X
Category : Law
Languages : en
Pages : 161
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Book Description
McCallum's Top Workplace Relations Cases was previously published by CCH Australia.Destined to be a classic, this title by renowned IR authority Professor Ron McCallum examines the facts, the reasoning and the holdings in 35 decisions, graphically illustrating how labour law, and especially the employment relationship, really works in Australia. The book covers:Rules governing when a worker is an employee or contractor;Sources of labour and employment law, Awards, agreements, statutes;Incorporation of material into employment contracts;Duties placed on employees and employers including the ownership of intellectual property and mutual trust and confidence;Matters beyond employment simplicities, such as working from home; andTermination of employment, including notice and the nature of unfair dismissal.
Author: Eugene Schofield-Georgeson
Publisher:
ISBN: 9781032453989
Category : Law
Languages : en
Pages : 0
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Book Description
"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. Focusing 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"--
Author: Alysia Blackham
Publisher: Edward Elgar Publishing
ISBN: 1803925256
Category : Law
Languages : en
Pages : 445
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Book Description
This Handbook provides an accessible overview of the different methods, approaches and theories which can be used to enrich labour law research. Drawing on cutting-edge research projects, leading scholars present insights and reflections on the past, present and future of labour law scholarship.
Author: Stéphanie Hennette Vauchez
Publisher: Cambridge University Press
ISBN: 1108499244
Category : Law
Languages : en
Pages : 395
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Book Description
With systematic, thematic chapters, this volume demonstrates how law and gender co-produce gendered legal subjects.
Author: Sue Westwood
Publisher: Edward Elgar Publishing
ISBN: 1803925299
Category : Law
Languages : en
Pages : 615
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Book Description
In an era where the population is rapidly ageing, this timely Research Handbook addresses the wide-ranging social and legal issues concerning older people.
Author: Vaughan-Whitehead, Daniel
Publisher: Edward Elgar Publishing
ISBN: 1800888058
Category : Business & Economics
Languages : en
Pages : 672
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Book Description
Actors in the world of work are facing an increasing number of challenges, including automatization and digitalization, new types of jobs and more diverse forms of employment. This timely book examines employer and worker responses, challenges and opportunities for social dialogue, and the role of social partners in the governance of the world of work.
Author: Hugh Collins
Publisher: Oxford University Press
ISBN: 0192559060
Category : Law
Languages : en
Pages : 369
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Book Description
This collection of essays presents an interdisciplinary investigation by lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of labour law and employment law. The book addresses the doubts that have been expressed about whether a body of labour law that protects workers is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work that thrive in the gig economy. Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. freedom, dignity, and human rights; II. distributive justice and exploitation; III. workplace democracy and self-determination; and IV. social inclusion.
Author: David Cabrelli
Publisher: Oxford University Press
ISBN: 0198748337
Category : Law
Languages : en
Pages : 969
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Book Description
A contextual, rigorous treatment of employment law, featuring a running case example to show exactly how the law works, and including extracts from key cases and source materials.
Author: Great Britain: Parliament: House of Lords: European Union Committee
Publisher: The Stationery Office
ISBN: 0104851716
Category : Law
Languages : en
Pages : 266
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Book Description
In its Green Paper about the need for labour market reform, the European Commission argued that the increasing diversity of 21st century working relationships means that existing labour law is no longer adequate. This report brings together the evidence from a wide range f experts and representative bodies about these issues as they affect the UK labour market. It finds that the evidence does not support the Commission. The consensus is that the relatively light regulation of the UK labour market is advantageous and that problems of social disadvantage and structural unemployment are better addressed by measures aimed at tackling poor skills and social inequality rather than changing labour law. The report therefore recommends that efforts at EU level should focus on the promotion and sharing of good practice, rather than the introduction of new legislation.
