scholarly journals Perfecting the Administrative Solution to Labour Disputes: Postscript

2005 ◽  
Vol 38 (4) ◽  
pp. 863-868
Author(s):  
P. A. Joseph
Keyword(s):  
British Columbia ◽  
New Zealand ◽  
Collective Bargaining ◽  
Dynamic Process ◽  
Industrial Relations ◽  
New Labour ◽  
Intimate Knowledge ◽  
Labour Disputes ◽  
Legislative Assembly

« The judges lack the intimate knowledge of the very dynamic process of industrial relations and collective bargaining. For these reasons...the new labour code has removed the court's jurisdiction over labour disputes...The new law seeks an administrative rather than a judicial solution to labour disputes. »** * JOSEPH, P.A., Faculty of Law, University of Canterbury, New Zealand. ** BRITISH COLUMBIA LEGISLATIVE ASSEMBLY DEBATES (1973) (Third Session), at 399-400 per the Hon. W.S. King, Minister of Labour.

Developments in Worker Participation in New Zealand

1979 ◽  
Vol 21 (1) ◽  
pp. 35-50 ◽  
Author(s):  
David F. Smith
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Trade Unions ◽  
Marked Effect ◽  
Industrial Relations ◽  
Industrial Democracy ◽  
International Debate ◽  
Worker Participation ◽  
The Social ◽  
The Government

Industrial democracy and worker participation have become important topics for international debate, with developments taking place in many countries. Despite its former reputation for advances in the social field, little has been heard about developments in worker participation in New Zealand. The aim of the present paper is to report and assess such developments whilst placing these within the context of developments in industrial relations in that country. The strong reliance upon legal arrangements and government intervention in industrial relations matters have had a marked effect upon the development of the industrial relations system in New Zealand. Yet, despite this tradition of legalism, successive governments remain singularly reluctant to legislate in the field of worker participation. Recent initiatives by employers have been strongly unitary in nature, whilst the trade unions appear to be concentrating their efforts upon extending the scope of collective bargaining, an opportunity afforded to them due to recent changes in the law. The present Government's wish that voluntary arrangements between employers and trade unions will eventuate to cover worker participation seems less than pragmatic, since employers, unions and the Government itself differ so fundamentally upon what constitutes worker participation, and the forms it might take.

scholarly journals Industrial Relations in the Republic of Ireland

1970 ◽  
Vol 6 (3) ◽  
Author(s):  
Peter Brosnan
Keyword(s):  
New Zealand ◽  
Public Sector ◽  
Collective Bargaining ◽  
Industrial Development ◽  
Industrial Relations ◽  
Political Systems ◽  
Republic Of Ireland ◽  
The Republic ◽  
National Economies ◽  
British Colonies

The Republic of Ireland and New Zealand are alike in many respects. They have similar-sized populations and similar climates; agriculture has an unusual prominence in their national economies and industrial development is strongly encouraged. In addition, both were once British colonies and have similar legal and political systems with English as their majority language. Despite these, and many other similarities, the two countries have markedly different industrial relations systems. In contrast to New Zealand's state-regulated system, the Irish system is notably voluntaristic, multi-unionism is the norm and Irish unions compete for membership with British-based unions. There are many other differences and this paper highlights the main aspects of the Irish system, covering the collective bargaining system, the union and employer organisations, legislation, Ireland's experience with national pay agreements, participation in management, picketing policy, union restructuring and public sector industrial relations.

scholarly journals AN ANALYSIS OF THE GOOD FAITH BARGAINING PRACTICE IN THE TRADE UNION RECOGNITION PROCESS: REFORM OF THE MALAYSIAN TRADE UNION LEGAL FRAMEWORK

2019 ◽  
Vol 27 (2) ◽  
pp. 501-524
Author(s):  
Siti Suraya Abd Razak ◽  
Nik Ahmad Kamal Nik Mahmod
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Good Faith ◽  
Structured Interviews ◽  
Recognition Process ◽  
Primary Focus

The trade union recognition process is a pre-requisite to the collective bargaining action of a trade union. The recognition is important to ascertain the competency of a trade union and the acceptance by the workers to represent them in the collective bargaining action with the employer. However, the ambiguities in the existing legislations on the trade union recognition process in Malaysia and the anti-union practices of the employer are currently depriving the workers of their rights to negotiate for better working conditions. The primary focus of the present work is to identify the weaknesses of the recognition legal framework and the anti-union practices of employers in the recognition process of trade unions. Secondly, is to critically analyse the good faith bargaining practice in other countries and its significance to the recognition process in Malaysia. To explore the anti-union tactics perpetrated by employers, semi-structured interviews have been conducted to analyse the trade unions’ experience in their recognition claims. This research employed a qualitative approach as the instrument to study the good faith bargaining practices in the Australian and New Zealand labour law framework. The findings reveal that the good faith bargaining practices in Australia and New Zealand have improved the odds for trade unions to represent the workers in negotiating collective agreements. The study finally concludes that in order to reform the recognition process of trade unions in Malaysia, the good faith bargaining practice should be implemented in the nation’s industrial relations law framework.

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
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Industrial Relations ◽  
Collective Agreement ◽  
Court System ◽  
Labour Relations ◽  
The Media ◽  
The Impact ◽  
Court Of Appeal

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.

International Review: Industrial Relations in Britain under New Labour, 1997-2010: A Post Mortem

2011 ◽  
Vol 53 (3) ◽  
pp. 402-413 ◽  
Author(s):  
William Brown
Keyword(s):  
Collective Bargaining ◽  
Minimum Wage ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
New Labour ◽  
International Review ◽  
Post Mortem ◽  
Social Partnership ◽  
Economic Context

A revival of trade unions was widely expected when Blair’s New Labour government took over from the Conservatives in Britain in 1997. This did not occur and collective bargaining continued to retreat. This article discusses the implications of the changing economic context for the government’s legal innovations, notably, statutory trade union recognition and a minimum wage, and describes the consequences for industrial relations. It concludes that New Labour’s legacy may lie in its nurturing of the institutions of social partnership and the use of conciliation.

scholarly journals Industrial Relations in New Zealand: New Vista for Collective Bargaining: Extension or Restriction?

1976 ◽  
Vol 1 (3) ◽  
Author(s):  
Alexander Szakats
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Industrial Relations ◽  
Collective Agreement

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

scholarly journals Industrial Relations in Sweden and New Zealand: A Comparison

1970 ◽  
Author(s):  
Christopher Turner
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Industrial Relations ◽  
Union Density ◽  
Good Faith ◽  
Collective Good ◽  
Short Term ◽  
Employment Contracts ◽  
Effective Operation ◽  
Legislative Framework

This paper provides a brief comparison between the Employment Contracts Act 1991 (ECA) and the Swedish equivalent, the Co-Determination Act. The Co-Determination Act is then used to provide a framework against which an alternative to the ECA is discussed. The paper concludes by arguing for a system of contracting which emphasises collective bargaining, noting a number of impediments to its effective operation in New Zealand- at least in the short-term. Two such impediments which are discussed are the current low level of union density and voluntary unionism. Additionally, if New Zealand is to ratify ILO conventions 87 and 98, collective good faith bargaining will have to be embodied in any new legislative framework. Recommendations for such a framework are made herein.

Managing Decentralization: The Strategy of Institutional Differentiation in German Industrial Relations

1999 ◽  
Vol 17 (4) ◽  
pp. 52-73 ◽  
Author(s):  
Wolfgang Schroeder ◽  
Rainer Weinert
Keyword(s):  
Collective Bargaining ◽  
Welfare State ◽  
Social Organization ◽  
Industrial Relations ◽  
Collective Bargaining Agreement ◽  
The Political ◽  
Process Of Change ◽  
Social Democratic ◽  
Institutional Differentiation ◽  
The Welfare State

The approach of the new millennium appears to signal the demiseof traditional models of social organization. The political core ofthis process of change—the restructuring of the welfare state—andthe related crisis of the industrywide collective bargaining agreementhave been subjects of much debate. For some years now inspecialist literature, this debate has been conducted between theproponents of a neo-liberal (minimally regulated) welfare state andthe supporters of a social democratic model (highly regulated). Thealternatives are variously expressed as “exit vs. voice,” “comparativeausterity vs. progressive competitiveness,” or “deregulation vs.cooperative re-regulation.”

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.

scholarly journals Internal devaluation and economic inequality in Portugal: challenges to industrial relations in times of crisis and recovery

2021 ◽  
pp. 102425892199500
Author(s):  
Maria da Paz Campos Lima ◽  
Diogo Martins ◽  
Ana Cristina Costa ◽  
António Velez
Keyword(s):  
Collective Bargaining ◽  
Wage Inequality ◽  
Economic Inequality ◽  
Industrial Relations ◽  
National Level ◽  
Wage Share ◽  
Recovery Dynamics ◽  
Wage Increases ◽  
The Impact ◽  
Wage Outcomes

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.

Sign in / Sign up

Export Citation Format

Share Document