204 research outputs found
The Purposes and Techniques of Voice:Prospects for Continuity and Change
No full textThis chapter considers the purposes of workplace voice and their implication for assessment of techniques used to promote voice. In so doing, we address the significance of identities, institutions, and locations of voice; while assessing what it means for law to ensure that voices are ‘heard’. Cross-cutting theoretical themes that possess a deep comparative resonance are explored. In particular, the role of deliberative theory, human rights discourse, and the impact of the common law upon worker voice are assessed. The chapter concludes with an affirmation of the enduring significance of labour law’s doctrinal autonomy and the interplay between industrial and political voice in the Voices countries
Accessory Liability for National Minimum Wage Violations in the Fissured Workplace
No full textThis chapter examines whether ‘accessory liability’ could provide a way of attributing criminal liability to lead companies in supply chains where those lead companies are not functioning as ‘employers’. For example, company X subcontracts a particular economic activity to company Y, and Y then employs workers to fulfil the requirements of its commercial contract with X. Accessory liability criminalizes those who intentionally assist or encourage the commission of principal offences, thereby extending the web of criminal liability beyond principal parties. This could provide a principled way of responding to enforcement problems in the ‘fissured workplace’. Furthermore, this would be consistent with the requirements of fair labelling and culpability in general criminal law, by avoiding the fictional attribution of ‘employer’ status to entities that are not employing
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