scholarly journals Award, Agreement or Nothing? A Review of the Impact of S132(a) of the Labour Relations Act 1987 on Collective Bargaining

1970 ◽  
Vol 17 (2) ◽  
Author(s):  
Raymond Harbridge ◽  
Stuart McCaw

The on-going saga of the G.N. Hale redundancy dispute appears now to have run its course. From grievance committee, to the Labour Court, to the Court of Appeal, and back to the Labour Court, the case has attracted considerable attention - from the media and naturally from industrial relations practitioners, eager to learn the view of the New Zealand court system on the vexed matter of redundancy compensation. In the most recent Labour Coun decision on Hale (WLC89/90), Goddard C J held that while the employer was able to prove that the worker was genuinely made redundant the dismissal was unjustifiable because "the circumstances called for the payment of compensation; none was paid; and the amount that was offered and refused was fixed by unilateral decision of the employer and was inadequate". The effect of this decision is profound. Employers planning to make employees redundant have a new set of requirements to meet before their actions can be taken as justifiable. While it will remain the case that there is no right to compensation for a dismissal on the grounds of redundancy unless that right is conferred by a redundancy agreement or by an award or collective agreement, there may still be a right to compensation if the dismissal, although genuinely on the grounds of redundancy, is unjustifiable and thereby gives rise to a successful personal grievance. An employer will now need to focus on the circumstances of the redundancy to detetuaine whether it calls for compensation and where it does, the employer will need to offer, and have accepted, compensation that is both adequate and negotiated.

1970 ◽  
Vol 17 (1) ◽  
Author(s):  
Raymond Harbridge

The on-going saga of the G.N. Hale redundancy dispute appears now to have run its course. From grievance committee, to the Labour Coun, to the Court of Appeal, and back to the Labour Court, the case has attracted considerable attention - from the media and naturally from industrial relations practitioners, eager to learn the view of the New Zealand court system on the vexed matter of redundancy compensation. In the most recent Labour Coun decision on Hale (WLC89/90), Goddard C J held that while the employer was able to prove that the worker was genuinely made redundant the dismissal was unjustifiable because "the circumstances called for the payment of compensation; none was paid; and the amount that was offered and refused was fixed by unilateral decision of the employer and was inadequate". The effect of this decision is profound. Employers planning to make employees redundant have a new set of requirements to meet before their actions can be taken as justifiable. While it will remain the case that there is no right to compensation for a dismissal on the grounds of redundancy unless that right is conferred by a redundancy agreement or by an award or ,collective agreement, there may still be a right to compensation if the dismissal, although genuinely on the grounds of redundancy, is unjustifiable and thereby gives rise to a successful personal grievance. An employer will now need to focus on the circumstances of the redundancy to detetuaine whether it calls for compensation and where it does, the employer will need to offer, and have accepted, compensation that is both adequate and negotiated.


1976 ◽  
Vol 1 (3) ◽  
Author(s):  
Alexander Szakats

The seemingly unimportant change of term from “industrial agree­ment” as it appeared in the now repealed Industrial Conciliation and Arbitration Act 1954 to “collective agreement” in the Industrial Relations Act 1973 replacing the former statute has signified an immense sociological restructuring which affects the whole field of industrial relations, particularly the potentiality for genuine collective bargaining


2021 ◽  
pp. 102425892199500
Author(s):  
Maria da Paz Campos Lima ◽  
Diogo Martins ◽  
Ana Cristina Costa ◽  
António Velez

Internal devaluation policies imposed in southern European countries since 2010 have weakened labour market institutions and intensified wage inequality and the falling wage share. The debate in the wake of the financial and economic crisis raised concerns about slow wage growth and persistent economic inequality. This article attempts to shed light on this debate, scrutinising the case of Portugal in the period 2010–2017. Mapping the broad developments at the national level, the article examines four sectors, looking in particular at the impact of minimum wages and collective bargaining on wage trends vis-à-vis wage inequality and wage share trajectories. We conclude that both minimum wage increases and the slight recovery of collective bargaining had a positive effect on wage outcomes and were important in reducing wage inequality. The extent of this reduction was limited, however, by uneven sectoral recovery dynamics and the persistent effects of precarious work, combined with critical liberalisation reforms.


1983 ◽  
Vol 25 (2) ◽  
pp. 153-161 ◽  
Author(s):  
Noah M. Meltz ◽  
Frank Reid

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.


1970 ◽  
Vol 20 (1) ◽  
Author(s):  
John Trevor Campling

The article locates the forces precipitating the radical changes in employment practices in British Commercial Television since the mid 1980s and proceeds to discuss the various dintensions of these employment reforms jron1 a "flexible firm" perspective. It is argued that perceived pressure from government, rather than jron1 the product market, triggered the unilateral imposition by management of "flexible" employment practices. In addition, key industrial events in British comnzercial television, such as the dissolution of national multi-employer collective bargaining arrangenzents and the strike and lockout at TVam, combined with the numerous changes to national labour relations legislation, shifted the balance of industrial power to management. This allowed "flexible" practices to be introduced nzore rapidly and without disruptive opposition from the broadcasting unions. Whilst the new "flexible" employment arrangetnents have reduced labour costs dramatically in the short term, some of the practices are inconsistent, resulting in employee morale and product quality problems. With governments in New Zealand and Australia pursuing a variety of policies to inject greater "flexibility" and less regulation into product markets, labour I markets and work places, they should pay close attention to the lessons that can be learnt from the British commercial television experience. The impact upon productivity, work practices, and employment levels of politically instigated employmnent change is of importance to an industry; facing such circumstances. It is also contributes to the wider debate on the origins and nature of employment flexibility and changes in industrial relations.


1970 ◽  
Vol 14 (3) ◽  
Author(s):  
A. J. Geare

The New Zealand industrial relations literature contains a number of propositions concerning the impact or desirability of having compulsory union membership. This paper discusses the propositions, and reports on the response of a sample of 461 New Zealand managers, examining the significance of their attitudes.


Author(s):  
Anthony R. Henderson ◽  
Sarah Palmer

This essay addresses the impact of industrialisation on the experience of work during the early 1800s. It presents the idea that industrial relations focused less on trade unions and more on broad labour/management contact and gave a new emphasis to the significance of the labour process. Also featured is a map of The Port of London in the 1830s, which is used as an example for evidence of change within the pre-industrial pattern of management/labour relations.


2001 ◽  
Vol 100 (1) ◽  
pp. 115-127
Author(s):  
Jane Johnston

Despite widespread legal analysis and critical review over the past 20 years, television access into the Australian court system has been slow and piecemeal, with Australia falling behind Canadian and New Zealand initiatives in this area. A recent major report into camera access in the Federal Court has refocused attention on this area, but analysis continues to be primarily from a legal perspective rather than a media one. This paper considers the televised court coverage in Australia to this point, analyses change in the international environment and suggests possible futures for the televising of Australian courts, while also attempting to lay some foundations for discussion beyond the legal, and into the media, domain.


1988 ◽  
Vol 36 (1) ◽  
pp. 114-132 ◽  
Author(s):  
David M. Goss

Government, academics and the media have, over the past decade, entered fully into the spirit of ‘small business revival’. Many of the contributions to this debate, however, have taken for granted the nature of small firm employment relations. It has frequently been remarked that workers in a small firms behave in ways more compatible with the goals and interests of their employers than employees in large firms. Thus, industrial relations are assumed to be more harmonious. In support of this assertion attention is usually drawn to the relative infrequency of conflict and industrial disputes, and the absence of militant trade unionism as an indication of the small firm workers' greater commitment to the goals of the enterprise and the interests of the employer (Ingham 1970). This paper suggests that such assumptions are unwarranted and provide a potentially misleading starting point for studies of employment relations in small firms. Data from a small number of in-depth interviews with small firm personnel is used to illustrate some of the complex and contradictory processes through which capital-labour relations may be constituted within small enterprises.


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