Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication
- File Type
Articles 1 - 19 of 19
Full-Text Articles in Law
No Right (To Organize) Without A Remedy: Evidence And Consequences Of Failure To Provide Compensatory Remedies For Unfair Labour Practices In British Columbia, Sara Slinn
Sara Slinn
Employees and unions encounter significant risks during union organizing and often see their efforts thwarted by employers. Labour law regimes attempt to minimize these risks by rendering unlawful a number of unfair labour practices (ULPs) employers can use to prevent unionization. But labour relations boards (LRBs) in Canada often avoid awarding full compensation for the harm ULPs cause, leading employers to still view ULPs as advantageous courses of action with only moderate associated costs.The author argues that this problem can be solved or greatly mitigated without the need for formal reforms, LRBs rather must come to embrace the full range …
Renorming Labour Law: Can We Escape Labour Law's Recurring Regulatory Dilemmas?, Eric Tucker
Renorming Labour Law: Can We Escape Labour Law's Recurring Regulatory Dilemmas?, Eric Tucker
Eric M. Tucker
Historically, protective labour law pushed back against capitalist labour markets by facilitating workers’ collective action and setting minimum employment standards based on social norms. Although the possibilities, limits and desirability of such a project were viewed differently in classical, Marxist and pluralist political economy, each perspective understood that the pursuit of protective labour law would produce recurring regulatory dilemmas requiring trade-offs between efficiency, equity and voice and/or between workers’ and employers’ interests. Recently, some scholars have argued that labour law needs to be renormed in ways that are market constituting rather than market constraining, and that this change would avoid …
Protecting The Seafarer: An Insight On The Maritime Labour Convention, Cleopatra Doumbia-Henry
Protecting The Seafarer: An Insight On The Maritime Labour Convention, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Can Worker Voice Strike Back? Law And The Decline And Uncertain Future Of Strikes, Eric Tucker
Can Worker Voice Strike Back? Law And The Decline And Uncertain Future Of Strikes, Eric Tucker
Eric M. Tucker
This paper examines strikes as an expression of worker voice. It begins with a discussion of the connection between voice and strikes. It then documents the sharp decline in strike frequency across the common law world. It looks more closely at strike rates in Canada, where strike rates have declined in both the public and private sectors and at a greater rate than the decline in union density. It then considers the role of law in decline from the perspective that structural factors primarily shape the environment for strikes but that labour law mediates their impact to a degree. It …
Locating Labour Law: Conflicting Perspectives And The Case Of Occupational Health And Safety, Eric Tucker
Locating Labour Law: Conflicting Perspectives And The Case Of Occupational Health And Safety, Eric Tucker
Eric M. Tucker
While the need to locate employment and labour law in its social context is now widely recognized, there is significant disagreement over the character of that social context, how law is located in it, and the way that law both shapes and is shaped by its social location. The importance of these disputes is not just theoretical because their resolution shapes the way labour law is written and implemented. Nowhere is this truer than in one particular area of labour law, occupational health and safety (OHS) regulation. This chapter argues that from its origins in the nineteenth century, OHS regulation …
Giving Voice To The Precariously Employed? Mapping And Exploring Channels Of Worker Voice In Occupational Health And Safety Regulation, Eric Tucker
Eric M. Tucker
In most contemporary occupational health and safety (OHS) regimes, great emphasis is placed on amplifying worker voice in regulation through worker health and safety representation in the employers’ OHS management system. Historically, these regimes were designed on the assumption that the workers who would use these mechanisms were full-time workers having secure jobs with their current employers. This is manifestly no longer true, posing a serious challenge to the efficacy of these regimes. After setting out the historical context of worker voice in OHS regulation, this paper begins by mapping out eight channels of worker voice based on the combination …
The Constitutional Right To Bargain Collectively: The Ironies Of Labour History In The Supreme Court Of Canada, Eric Tucker
The Constitutional Right To Bargain Collectively: The Ironies Of Labour History In The Supreme Court Of Canada, Eric Tucker
Eric M. Tucker
In June 2007 the Supreme Court of Canada held that the right to collective bargaining is a constitutionally protected under the Charter of Rights and Freedoms' guarantee of freedom of association. In so doing, they overruled a twenty-year old line of precedent that had rejected that very proposition. The court rested its current position of four grounds, one of which was that Canadian labour history supports the view that collective bargaining had become recognized as a fundamental right prior to the Charter. This article critically reviews the court's labour history and argues that it erroneously asserts that workers enjoyed a …
Having The Right Attitude - Cooperation Skills And Labour Law, Jenny Julén Votinius
Having The Right Attitude - Cooperation Skills And Labour Law, Jenny Julén Votinius
Jenny Julén Votinius
This article deals with the legal understanding of the demands in working life on employees’ ability to cooperate.The concept of cooperation ability is here used in the sense of an ability to actively facilitate communication and foster relationships with colleagues and supervisors through flexibility and commitment, and thereby benefit the employer’s business. Special attention is paid to the discourse on employability in the employment policies at the EU level, and on the understanding of cooperation as a field in which it is possible to possess and acquire specific skills. The main aim of the article is to survey and conceptualize …
Employment Representation At The Enterprise: Sweden, In R. Blanpain, H. Nakakubo, T. Araki (Eds.) Systems Of Employee Representation At The Enterprise. A Comparative Study, Jenny Julén Votinius
Employment Representation At The Enterprise: Sweden, In R. Blanpain, H. Nakakubo, T. Araki (Eds.) Systems Of Employee Representation At The Enterprise. A Comparative Study, Jenny Julén Votinius
Jenny Julén Votinius
Paper given at the 11th Tokyo Seminar, February 2012, organised by the Japan Institute for Labor Policy and Training.
The Maritime Labour Convention, 2006: A Legal Primer To An Emerging International Regime, Co-Authored With Dr Moiram Mcconnell And Dominick Devlin, Martinus Nijhoff Publishers, May 2011., Moira L. Mcconnell, Dominick Devlin, Cleopatra Doumbia-Henry
The Maritime Labour Convention, 2006: A Legal Primer To An Emerging International Regime, Co-Authored With Dr Moiram Mcconnell And Dominick Devlin, Martinus Nijhoff Publishers, May 2011., Moira L. Mcconnell, Dominick Devlin, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Labour Law, Ann Numhauser-Henning
Building The Momentum For The Ilo’S Maritime Labour Convention, 2006, Cleopatra Doumbia-Henry
Building The Momentum For The Ilo’S Maritime Labour Convention, 2006, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Free Trade Agreements And Labour Rights: Recent Developments, Cleopatra Doumbia-Henry, Eric Gravel
Free Trade Agreements And Labour Rights: Recent Developments, Cleopatra Doumbia-Henry, Eric Gravel
Cleopatra Doumbia-Henry
No abstract provided.
Biometrics In Seafarer’ Identity Documents, Cleopatra Doumbia-Henry
Biometrics In Seafarer’ Identity Documents, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
The Consolidated Maritime Labour Convention: A Marriage Of The Traditional And The New, Cleopatra Doumbia-Henry
The Consolidated Maritime Labour Convention: A Marriage Of The Traditional And The New, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Current Maritime Labour Law Issues: An Internationally Uniform Identity Document For Seafarers, Cleopatra Doumbia-Henry
Current Maritime Labour Law Issues: An Internationally Uniform Identity Document For Seafarers, Cleopatra Doumbia-Henry
Cleopatra Doumbia-Henry
No abstract provided.
Fixed-Term Work In Nordic Labour Law, Ann Numhauser-Henning
Fixed-Term Work In Nordic Labour Law, Ann Numhauser-Henning
Ann Numhauser-Henning
The purpose of this article is to describe the regulation of fixed-term work and its most recent developments within Nordic labour law, referring to the labour law of Denmark, Finland, Norway and Sweden.
Flexible Qualification – A Key To Labour Law?, Ann Numhauser-Henning
Flexible Qualification – A Key To Labour Law?, Ann Numhauser-Henning
Ann Numhauser-Henning
This article argues that flexible knowledge (and thus continuous education) has the potential to out-date employment protection versus new forms of works as the touchstone oflabour law discourse in the Knowledge Society. Hitherto labour law discourse has usually focused on labour market segmentation in terms of a core group of permanently employed workers and more peripheral groups of workers in atypical employment. However, recent Swedish labour market statistics show that employability in terms of qualification appears to be the crucial quality, regardless of mode of employment, when it comes to the risk for the individual of being subjected to unfavourable …
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.