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This book investigates the intersection between law and worker voice in a sample of industrialised English speaking countries, namely Australia, Canada, New Zealand, UK, and USA. While these countries face broadly similar regulatory dilemmas, they have significant differences between their industrial systems and legal cultures
This book explains how the 20th century labor standard regime, forged by the International Labor Organization, cast the woman worker as a special type of worker, but a century later, previously excluded home-based workers placed caring labor at the center of debates over the future of work amid new precarity.
The Oxford Labour Law series has come to represent a significant contribution to the literature of British, European, and international labour law. The series recognizes the arrival not only of a renewed interest in labour law generally, but also the need for fresh approaches to the study of labour law following a period of momentous change in the UK and Europe. The series is concerned with all aspects of labour law, including traditional subjects of study such as collective labour law and individual employment law. It also includes works that concentrate on the growing role of human rights and the combating of discrimination in employment, and others that examine the law and economics of the labour market and the impact of social security law and of national and supranational employment policies upon patterns of employment and the employment contract. Book jacket.
This series emerged through the vision of the late Antonio Cassese. Since then the series has published original and innovative works on challenging issues in international humanitarian law and international criminal justice, primarily by emerging authors. Given the ever-growing intersection of these areas with other fields of international law such as the jus ad bellum, and disciplines such as criminology, sociology, and history, the scope of the series also incorporates these perspectives. Fresh approaches and new ideas for improving conceptual and practical challenges are welcomed. The series editors encourage submissions from around the world, and will consider edited collections, although the primary focus is on authored works. Book jacket.
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...
This wide-ranging collection is an authoritative and accessible analysis of the profound changes to labour regulation under the Howard and Rudd Governments. The authors, leading scholars and practitioners, examine both the nature and legacy of the controversial Work Choices reforms and how workplace relations are set to change under the new Fair Work legislation.Besides an ovrview of these developments, there are separate chapters on:the shifting boundaries between federal and state regulation the 'safety net' enforcement processes agreement-making the regulation of bargaining industrial actions trade union rights dispute resolution unfair dismissal This book is a must-have for anyone grappling with the impact of these changes.
In nineteenth-century England, legal conceptions of work and family changed in fundamental ways. Notably, significant legal moves came into play that changed the legal understanding of the family. Constructing the Family examines the evolution of the legal-discursive framework governing work and family relations. Luke Taylor considers the intersecting intellectual and institutional forces that contributed to the dissolution of the household, the establishment of separate spheres of work and family, and the emergence of modern legal and social ideas concerning work and family. He shows how specific legal-institutional moves contributed to the creation of the family’s categorical status in the social and legal order and a distinct and exceptional body of rules – Family Law – for its governance. Shedding light on the historical processes that contributed to the emergence of English Family Law, Constructing the Family shows how work and family became separate regulatory domains, and in so doing reveals the contingent nature of the modern legal family.
This book critically examines the proper role of the law in protecting job security in the contemporary workplace. It provides a historical, theoretical, practical and comparative perspective on this under-researched, but fundamentally important, legal mechanism at a time when the pressure to deregulate and dilute worker-protective laws has taken on increased importance. The volume critically analyses both statute and case law from three advanced industrialised liberal democracies with a common law foundation, the UK, Australia and the USA, to understand the extent to which job security is realised. By applying a common approach and a conceptual framework that emphasises the complex relation...
This book examines countries that have tried, with varying degrees of success, to use legislative strategies to encourage and support collective bargaining, including Australia’s Fair Work Act. It is the first major study of the operation and impact of the new collective bargaining framework introduced under the Fair Work Act, combining theoretical and practical perspectives. In addition, a number of comparative pieces provide rich insights into the Australian legislation’s adaptation of concepts from overseas collective bargaining systems – including good faith bargaining, and majority employee support as the basis for establishing bargaining rights. Contributors to this volume are all leading labor law, industrial relations, and human resource management scholars from Australia, and from Britain, Canada, New Zealand and the United States.
Examining the relationship between trade and labour regulation in light of the pressing need to promote sustainable development, Tonia Novitz interrogates how international legal architecture could be reformed so that no one in the world of work gets left behind. She highlights the dangers of pursuing labour and environmental issues on parallel tracks without recognising how they interact, ultimately arguing for the crafting of the content and application of trade rules through participatory processes, which involve the inclusive representation of all sectors of the labour market and all parts of the world.