scholarly journals The Law and Industrial Relations

2014 ◽  
Vol 17 (4) ◽  
pp. 389-401
Author(s):  
Justice I.C. Rand
Keyword(s):  
Present Article ◽  
Industrial Relations ◽  
Social Function ◽  
Labour Relations ◽  
New Ideas ◽  
The Law ◽  
Modern Industry

Summary In the present article, the author outlines the new reality of modern industry; he goes on to advocate the need for new ideas and modified conceptions about labour relations as they exist in our present society. He finally points out the fact that industry must be conceived in terms of a social function.

16. Wrongful Dismissal

2018 ◽  
Author(s):  
Astra Emir
Keyword(s):  
Trade Union ◽  
Industrial Relations ◽  
Employment Law ◽  
Employment Protection ◽  
Labour Relations ◽  
The Law ◽  
The Right ◽  
Employment Rights ◽  
Wrongful Dismissal

Under the law which existed prior to 1971 an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.

16. Wrongful Dismissal

2020 ◽  
pp. 390-401
Author(s):  
Astra Emir
Keyword(s):  
Trade Union ◽  
Industrial Relations ◽  
Employment Law ◽  
Employment Protection ◽  
Labour Relations ◽  
The Law ◽  
The Right ◽  
Employment Rights ◽  
Wrongful Dismissal

Under the law which existed prior to 1971, an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.

Social Dialogue Under Globalization in Nigeria: Does Democracy Add Value?

2007 ◽  
Vol 5 (1) ◽  
Author(s):  
Ifeanyi P. Onyeonoru ◽  
Kehinde Kester
Keyword(s):  
Industrial Relations ◽  
Work Place ◽  
Consensus Building ◽  
International Labour Organisation ◽  
Labour Relations ◽  
Social Dialogue ◽  
Modest Contribution ◽  
Social Partners ◽  
Oil Sector ◽  
The Government

Social dialogue as an aspect of the International Labour Organisation (ILO) is aimed at promoting industrial democracy by encouraging consensus building among social partners in the work place. The significance lies, among others, in minimising conflicts to enable harmonious industrial relations. This study utilized specific case illustrations to examine the inclination of the Nigerian government towards social dialogue in government-labour relations, with particular reference to the Obasanjo era 1999-2007— a period associated with the globalization of democracy. The cases included the minimum wage award 2000, University Autonomy Bill, the price deregulation of the downstream oil sector and the Trade Union Amendment Bill 2004. It was found that the government exhibited a penchant for authoritarianism in spite of the globalization of democracy. This was evident in the incapacity of the Obasanjo government to engage the social partners in social dialogue as indicated by the cases reviewed. The study, however, highlighted the modest contribution to social dialogue made by the wider democratic structure. It was concluded that the government had limited capacity for consensus building, accommodation of opposition and negotiated outcomes in government-labour relations

scholarly journals COVID-19 in Southeast Asia: Implications for workers and unions

2021 ◽  
pp. 002218562110000
Author(s):  
Michele Ford ◽  
Kristy Ward
Keyword(s):  
Public Health ◽  
Southeast Asia ◽  
Labour Market ◽  
Industrial Relations ◽  
First Year ◽  
Labour Relations ◽  
The Public ◽  
Market Effects ◽  
Export Orientation ◽  
Health Measures

The labour market effects in Southeast Asia of the COVID-19 pandemic have attracted considerable analysis from both scholars and practitioners. However, much less attention has been paid to the pandemic’s impact on legal protections for workers’ and unions’ rights, or to what might account for divergent outcomes in this respect in economies that share many characteristics, including a strong export orientation in labour-intensive industries and weak industrial relations institutions. Having described the public health measures taken to control the spread of COVID-19 in Indonesia, Cambodia and Vietnam, this article analyses governments’ employment-related responses and their impact on workers and unions in the first year of the pandemic. Based on this analysis, we conclude that the disruption caused to these countries’ economies, and societies, served to reproduce existing patterns of state–labour relations rather than overturning them.

Legal Expertise: A Critical Resource for Trade Unionists? Insights into the Confédération Française Démocratique du Travail

2020 ◽  
Author(s):  
Cécile Guillaume
Keyword(s):  
Qualitative Research ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Institutional Power ◽  
Collective Redress ◽  
Critical Resource ◽  
The Law ◽  
Legal Expertise

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.

Reducing the Impact of Unemployment through Work-Sharing: Some Industrial Relations Considerations

1983 ◽  
Vol 25 (2) ◽  
pp. 153-161 ◽  
Author(s):  
Noah M. Meltz ◽  
Frank Reid
Keyword(s):  
Local Level ◽  
Industrial Relations ◽  
National Level ◽  
Economic Benefits ◽  
Firm Level ◽  
Labour Relations ◽  
Work Sharing ◽  
Long Run ◽  
Short Run ◽  
The Impact

The Canadian Government has introduced a work-sharing program in which lay offs are avoided by reducing the work week and using unemployment insurance funds to pay workers short-time compensation. Compared to the lay-off alternative, there appear to be economic benefits to work-sharing for both management and employees. Reaction to the scheme has been generally positive at the union local level and the firm level, but it has been negative at the national level of both labour and management. These divergent views can be explained mainly as a result of short-run versus long-run perspectives. Managers at the firm level see the immediate benefit of improved labour relations and the avoidance of the costs of hiring and training replacements for laid-off workers who do not respond when recalled. The national business leaders are more concerned with work incentive and efficiency aspects of work-sharing.

The Coalition's Plan to Regulate Industrial Relations

1993 ◽  
Vol 4 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Braham Dabscheck
Keyword(s):  
Common Law ◽  
Industrial Relations ◽  
Good Faith ◽  
The Common ◽  
Industrial Conflict ◽  
The Law

In October 1992 the federal coalition released Jobsback, a statement of its industrial relations policies. The article situates Jobsback in the context of the evolution of the coalition's industrial relations policies since the Fraser years, outlines its major features, and provides a critique. Jobsback erects a new regulatory schema under a banner of deregulation. Three key elements are contained in Jobsback. They are tribunal avoidance and the use of the common law, legislatively imposed employment rules to ‘aid’ the transition from an award to a non-award system, and enterprise confinement. The article draws attention to the coalition's views concerning industrial conflict, constitutional issues, transitional problems associated with establishing legislatively imposed workplace rules, minima in workplace agreements, the Office of the Employee Advocate, equality before the law and good faith bargaining.

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