Bargaining Power and Wage-Employment Contracts in a Unionized Industry

1992 ◽  
Vol 33 (3) ◽  
pp. 583 ◽  
Author(s):  
Denise J. Doiron
Keyword(s):  
Bargaining Power ◽  
Employment Contracts ◽  
Wage Employment

scholarly journals Wage-Employment Contracts

1983 ◽  
Vol 98 ◽  
pp. 173 ◽  
Author(s):  
Jerry Green ◽  
Charles M. Kahn
Keyword(s):  
Employment Contracts ◽  
Wage Employment

scholarly journals Women, the Employment Contracts Act and bargaining: a discussion paper

1970 ◽  
Vol 16 (2) ◽  
Author(s):  
Janet Sayers
Keyword(s):  
Bargaining Power ◽  
Labour Force ◽  
Labour Force Participation ◽  
New Right ◽  
Discussion Paper ◽  
Employment Contracts ◽  
Female Labour ◽  
The Social ◽  
The Impact ◽  
Employment Choices

This paper discusses some of the issues that arise from the Employment Contracts Act for women and bargaining. These issues are discussed in the contexts of likely future trends in female labour force participation. The paper addresses the topics under the following general headings: the structural location of women in an increasingly fragmented labour market and the impact of that on women's bargaining power; socialization and perceptions of women's bargaining effectiveness; and the impact of the social policy initiatives of the New Right on women's employment choices.

scholarly journals Wage-Employment Contracts: Global Results

10.3386/w0675 ◽  
1981 ◽  
Author(s):  
Jerry Green ◽  
Charles Kahn
Keyword(s):  
Employment Contracts ◽  
Wage Employment

scholarly journals The Employment Contracts Act 1991: an employers charter?

1970 ◽  
Vol 16 (2) ◽  
Author(s):  
Gordon Anderson
Keyword(s):  
New Zealand ◽  
Bargaining Power ◽  
Labour Law ◽  
Employment Contracts ◽  
Individual Level ◽  
The Law ◽  
The Individual

The Employment ~Contracts Act 1991 radically alters the system of labour law in New Zealand by moving its focus from the collective to the individual level, and the locus from the industry or occupation to the individual employing enterprise. At the same time, the Act significantly shifts the balance of bargaining power further towards employers. The Act also alters the nature of labour law in 2 significant ways: it abandons the system of registered awards enforceable in their own right and instead opts for enforcement through the law of contract, albeit with separate procedures, and it brings all employment contracts within the new regime. This article covers the nature of the changes to the bargaining system and the implications of moving to a labour law reg.ime based entirely on contract.

scholarly journals Specific performance as a primary remedy in the South African law of contract

2015 ◽  
Vol 11 (2) ◽  
pp. 65-72
Author(s):  
Jean Chrysostome Kanamugire
Keyword(s):  
Public Policy ◽  
South African ◽  
Bargaining Power ◽  
General Rule ◽  
Breach Of Contract ◽  
Employment Contracts ◽  
Freedom Of Contract ◽  
Specific Performance ◽  
Recent Developments ◽  
Contractual Obligations

Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations. Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance. The discretion must be exercised judicially and does not confine on rigid rules. Courts decide each case according to its own facts and circumstances. Plaintiff has a right of election whether to claim specific performance from the defendant or damages for breach of contract. The defendant does not enjoy any choice in this matter. As a general rule, specific performance is not often awarded in the contract of services. However, recent developments have demonstrated that specific performance will usually be granted in employment contracts if there is equality of bargaining power among contracting parties and such order will not produce undue hardship to the defaulting party. Public policy generally favours the utmost freedom of contract and requires that parties should respect or honour their contractual obligations in commercial transactions. Public policy is rooted in the constitution and can sparingly be used to strike down contracts. Specific performance should not continue to be a primary remedy for breach of contract. Contracting parties should be allowed to resile from the contract and use damages as a remedy for breach of contract.

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