Creighton & Stewart's Labour Law

Creighton & Stewart's Labour Law PDF Author: Andrew Stewart
Publisher:
ISBN: 9781760023911
Category :
Languages : en
Pages :

Get Book Here

Book Description

Creighton & Stewart's Labour Law

Creighton & Stewart's Labour Law PDF Author: Andrew Stewart
Publisher:
ISBN: 9781760023911
Category :
Languages : en
Pages :

Get Book Here

Book Description


Creighton & Stewart's Labour Law

Creighton & Stewart's Labour Law PDF Author: William Breen Creighton
Publisher:
ISBN: 9781760020552
Category : Industrial laws and legislation
Languages : en
Pages : 1138

Get Book Here

Book Description
The latest edition of this leading text features a new and expanded team of authors, who explain and analyse Australia's complex system of labour regulation.The book has been substantially restructured and updated to cover the many statutory amendments introduced or proposed over the past five years, especially to the Fair Work legislation, but also on matters such as work health and safety.A particular feature is the coverage of the Productivity Commission's 2015 report on the workplace relations system, outlining both its assessment of the regulatory framework and recommendations for change. There is discussion too of other important inquiries and reviews, including the Fair Work Commission's changes to the modern award system and the Heydon Royal Commission into Trade Union Governance and Corruption. The new edition also outlines the policy proposals released during the 2016 election campaign and explores the potential for future reforms.The new edition also makes extensive reference to new decisions by the courts and tribunals, on matters such as the distinction between employees and independent contractors, enterprise bargaining, trust and confidence in the employment relationship, the burden of proof in adverse action claims, and much more besides.As always, the book is full of pointers to further reading, with a substantial bibliography and index connecting readers to the voluminous academic literature on the subject. A new chapter also explores some of the insights to be gained from various theoretical perspectives on the concept of 'regulation' in general, and labour regulation in particular.Creighton & Stewart's Labour Law continues to offer the most comprehensive and authoritative account of the subject for students and practitioners alike.

Contract, Labour Law and the Realities of Working Life

Contract, Labour Law and the Realities of Working Life PDF 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.

Employment, Labour and Industrial Law in Australia

Employment, Labour and Industrial Law in Australia PDF Author: Louise Floyd
Publisher: Cambridge University Press
ISBN: 1108578543
Category : Law
Languages : en
Pages : 492

Get Book Here

Book Description
Employment, Labour and Industrial Law in Australia provides a comprehensive, current and accessible resource for the undergraduate and Juris Doctor student. With a social and political background to the law, this text provides insightful legal analysis underscored by practical business experience, while exploring key principles through a close evaluation of laws and lively discussion of prominent cases. Recognising the multi-faceted nature of the subject, the authors have included content on employment, labour and industrial law in the one text, while also presenting critical topics not often dealt with, namely: • current and in-depth analysis of trade union regulation • public work including the public sector, the judiciary and academics • workplace health and safety including worker's compensation, bullying, anti-discrimination and taxation • emerging issues including topics such as transnational and international employment law, migration and employment, as well as volunteers and work experience. To maintain currency within this rapidly changing area of law, the text has a website which will include updates for any major developments in the field as well as responses to end-of-chapter questions. Written by respected academics and practicing lawyers in the field, this book is a relevant and contemporary guide to this fascinating area of law.

The Sources of Labour Law

The Sources of Labour Law PDF Author: Tamás Gyulavári
Publisher: Kluwer Law International B.V.
ISBN: 9403502045
Category : Law
Languages : en
Pages : 634

Get Book Here

Book Description
Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

The Future of Unions and Worker Representation

The Future of Unions and Worker Representation PDF Author: Anthony Forsyth
Publisher: Bloomsbury Publishing
ISBN: 1509924981
Category : Law
Languages : en
Pages : 343

Get Book Here

Book Description
This book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power – and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state. The study evaluates the responses of unions in each country to falling membership levels since the 1980s. It considers the US 'organising model' and its adoption in Australia and the UK, comparing this with the strategies of Italian unions which have been more deliberately focused on precarious and migrant workers. The increasing reliance of US unions on community alliances, as seen in the 'Fight for $15' and similar campaigns, is scrutinised along with new union prototypes like Hospo Voice in Australia, the Independent Workers' Union of Great Britain and SI Cobas in Italy. The book includes an in-depth analysis of union responses to the gig economy in the four countries, and the emergence of self-organised worker collectives to combat this exploitative business model. The vital role played by unions in defending the interests of workers during the COVID-19 pandemic is also examined. As well as highlighting the most successful union initiatives to meet the challenges of the past 30 years, the book assesses the strengths and deficiencies of the legal framework for union representation in the four nations. It identifies the labour law reforms needed to rebuild collectivism, but argues that more is needed than favourable laws. This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitally-active workers.

Young People and Work

Young People and Work PDF Author: Robin Price
Publisher: Routledge
ISBN: 113479018X
Category : Family & Relationships
Languages : en
Pages : 310

Get Book Here

Book Description
This edited book brings together empirical studies of young people in paid employment from a variety of disciplinary perspectives and in different national settings. In the context of increasing youth labour market participation rates and debates about the value of early employment, it draws on multi-level analyses to reflect the complexity of the field. Each of the three sections of the book explores a key aspect of young people's employment: their experience of work, intersections between work and education, and the impact of other actors and institutions. The book contributes to broadening and strengthening knowledge about the opportunities and constraints that young people face during their formative experiences in the labour market. This book will be required reading for all those working in the fields of sociology, employment relations and education

The Class Politics of Law

The Class Politics of Law PDF Author: Judy Fudge
Publisher: Fernwood Publishing
ISBN: 1773631217
Category : Political Science
Languages : en
Pages : 279

Get Book Here

Book Description
For nearly fifty years, Professor Harry Glasbeek has been at the forefront of legal scholars and public intellectuals challenging assumptions and understandings about the injustices embedded in the economic, social, political and legal orders of Western capitalist democracies. His writings and teachings have influenced generations of law students, academics and activists. The Class Politics of Law brings together eleven incisive contributions from pre-eminent scholars across several disciplines activated by the same desire for democracy and justice that Glasbeek advances, showing how capitalism shapes the law and how the law protects capitalism. This collection foregrounds a class analysis of the law’s responses to corporate killing, workplace violence, surveillance, worker resistance and income inequality, among other issues.

Democracy, Social Justice and the Role of Trade Unions

Democracy, Social Justice and the Role of Trade Unions PDF Author: Caroline Kelly
Publisher: Anthem Press
ISBN: 1785277812
Category : Law
Languages : en
Pages : 234

Get Book Here

Book Description
Trade unions worldwide face a powerful paradox at this critical juncture: collective organisations for workers are urgently needed and yet there are serious pressures undercutting the legitimate role of trade unions. The aim of this book is to examine how trade unions can effectively navigate this deeply contradictory challenge. It is underpinned by the conviction that trade unions are – and should be – vital institutions for democracy and social justice. Written by leading scholars in industrial relations and labour law as well as those in political philosophy and political science, the collection tackles a range of pressing topics for trade unions including: the climate crisis; the COVID-19 pandemic; economic democracy; democracy within trade unions; precarious work; and election campaigns.

Ableism at Work

Ableism at Work PDF Author: Paul David Harpur
Publisher: Cambridge University Press
ISBN: 1108750729
Category : Political Science
Languages : en
Pages : 251

Get Book Here

Book Description
The UN Convention on the Rights of Persons with Disabilities promotes ability equality, but this is not experienced in national laws. Australia, Canada, Ireland, the UK and the US all have one thing in common: regulatory frameworks which treat workers with psychosocial disabilities less favorably than workers with either physical or sensory disabilities. Ableism at Work is a comprehensive and comparative legal, practical and theoretical analysis of workplace inequalities experienced by workers with psychosocial disabilities. Whether it be denying anti-discrimination protection to people with episodic disabilities, addictions or other psychological impairments, failing to make reasonable accommodations/adjustments for workers with psychosocial disabilities, or denying them workers' compensation or occupational health and safety protections, regulatory interventions imbed inequalities. Ableism, sanism and prejudice are expressly stated in laws, reflected in judgments, and perpetuated by workplace practices and this book enables advocates, policy makers and lawmakers to understand the wider context in which systems discriminate workers with psychosocial disabilities.