1,721,126 research outputs found
The concept of sustainability and its application in international trade, investment and finance
No full textInformation and Communication Technology and Voice:Constraint or Capability
No full textTo date, debates regarding legal regulation of workplace information and communication technology (ICT) have focussed on the constraints that employers can legitimately place on worker voice. In this respect, the inadequacies of a common law approach have led to various legislative initiatives (such as that relating to data protection) and acknowledgement of human rights claims (largely relating to privacy). From a capabilities perspective, it is argued here that the current legal approach can be improved in a variety of respects, not least by recognition of the potential enabling functions of ICT. We could, for example, build into legislation positive entitlements for workers and their organizsations to utilizse email and other communication mechanisms in the workplace. Further, the current sole focus on privacy rights could usefully be supplemented by greater appreciation of workers’ rights to freedom of speech and freedom of association
The concept of sustainability and its application in international trade, investment and finance
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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
Agenda 2030 and the Sustainable Development Goals:'Responsive, Inclusive, Participatory and Representative Decision-making?
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Competition Law and Worker Voice: Competition Law Impediments to Collective Bargaining in Australia and the European Union
No full textThis chapter examines the potential threat posed to collective bargaining from competition laws designed to prevent anti-competitive conduct by business actors. As increasing numbers of workers are engaged under contractual arrangements more closely resembling those which exist between businesses or undertakings (irrespective of the economic or practical reality of the relationships), it becomes more likely that their collective arrangements will come under scrutiny from competition law. Specifically, this chapter considers labour market exemptions from competition law in Australia and the European Union. These exemptions operate as the dividing line between labour law and competition law, and their scope ultimately determines which workers may engage in collective bargaining without potentially breaching competition laws. The continued existence, scope and strength of the exemptions is, accordingly, a crucial element in ensuring access to collective bargaining for workers, enabling their collective voice to be heard. <br/
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