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38520 results in Cambridge Textbooks

Page 1605 of 1926

  • 9 - Choice of law rules

  • Pippa Rogerson, University of Cambridge
  • Book:
    Collier's Conflict of Laws
    Published online:
    05 June 2013
    Print publication:
    06 June 2013, pp 264-290

  • Summary

    Introduction

    As we have seen, conflict of laws deals with cases which involve a foreign element in a number of ways. First, there are rules which decide whether the English court can and should hear a particular dispute. Secondly, there are rules by which the English court will recognise or enforce a foreign judgment. Thirdly, there are choice of law rules by which the English court identifies a system of applicable rules under which the substantive result of the case is determined. These rules may be ones of English law or of a foreign law. In the American case of Loucks v Standard Oil Co. of New Jersey, Cardozo CJ eloquently put it ‘We are not so provincial as to say that every solution of a problem is wrong because we deal with it otherwise at home’. Choice of law rules are not generally determinative of themselves, they point to substantive rules which are so determinative. Some domestic English rules are unilaterally applied because their territorial scope requires their application to particular circumstances, even if there is a foreign element to the facts or the parties. These unilateral rules are not generally recognised as choice of law rules but the interpretation of the territorial scope of English rules often requires rather similar techniques to multilateral choice of law rules. It is clear that choice of law rules themselves are rules of English law and the English court in applying foreign law does so in the context of English procedure.

  • 7 - Provisional measures

  • Pippa Rogerson, University of Cambridge
  • Book:
    Collier's Conflict of Laws
    Published online:
    05 June 2013
    Print publication:
    06 June 2013, pp 206-216

  • Summary

    Introduction

    The English court has inherent powers as well as wide powers under s. 37 of the Senior Courts Act 1981 to make orders in support of its own proceedings. These provisional measures or interim remedies commonly include freezing injunctions, orders for the retention of property, restraining orders, and orders for the disclosure of evidence. The purpose of these orders is often to prevent the interests of the applicant (usually the claimant) from being irreparably harmed while the case is continuing and before judgment has been obtained and enforced. A party must be stopped from hiding or destroying evidence or dissipating assets which would make that party ‘judgment-proof’. Such orders may have implications in international litigation, for example, if the assets to be frozen are located abroad or the evidence is found in a foreign country. An order to do or refrain from doing something abroad has obvious extraterritorial implications and may raise issues of infringement of a foreign sovereign's power. The English courts are alert to those concerns but are also aware of the importance of being able to grant these orders in an increasingly globalised world. In particular, money can be so easily moved out of one jurisdiction and into another, where ownership is less transparent, and frustrating the later English judgment.

    Civil Jurisdiction and Judgments Act 1982, s. 25 gives the English court powers to make interim remedies in support of foreign proceedings. Therefore, if substantive proceedings are continuing abroad on the merits of the dispute, the English court can aid the foreign court by granting similar orders as it would in support of substantive proceedings in England. The application for such an order usually comes from one of the parties to the foreign proceedings (the applicant). Jurisdiction over the respondent to the application has to be established and the court has a discretion whether or not to grant the order. These orders too raise interesting questions in international litigation.

Collier's Conflict of Laws
  • 4th edition
  • Pippa Rogerson
  • Published online:
    05 June 2013
    Print publication:
    06 June 2013
  • This reworked version of Conflict of Laws introduces a new generation of students to the classic. It has been completely rewritten to reflect all the recent developments including the increased legislation and case law in the field. The author's teaching experience is reflected in her ability to provide students with a clear statement of rules which sets out a framework to the subject, before adding detail and critical analysis. Recognising that the procedural aspect of the subject challenges most students, the book explores conflict of laws in its practical context to ensure understanding. Teachers will appreciate the logical structure, which has been reworked to reflect teaching in the field today. Retaining the authority that was the hallmark of the previous edition, this contemporary and comprehensive textbook is essential reading.

  • 4 - International employment regulation and labour rights

  • from Part I - Foundations of Australian Workplace Relations
  • Edited by Julian Teicher, Monash University, Victoria, Peter Holland, Monash University, Victoria, Richard Gough, Victoria University of Technology, Melbourne
  • Book:
    Australian Workplace Relations
    Published online:
    06 August 2018
    Print publication:
    04 June 2013, pp 63-80

  • Summary

    Chapter objectives

    This chapter will enable readers to understand the:

  • role of the International Labor Organization (ILO)

  • debates surrounding the application of ILO core labour standards and the link between international trade and labour rights

  • distinction between codes of conduct and international framework agreements

  • difference between ‘soft’ and ‘hard’ law approaches to global regulation

  • possible solutions to the problem of enforcement of core labour standards.

    • Introduction

    In Chapter 3, the decline of unions was explored in the context of structural changes to the economy – such as the shift to services and neo-liberal policies of labour market deregulation. Reference was also made to union strategies, which are employed at both the local and international levels in order to gain new members and protect workers’ rights. Besides union strategies at an international level, there are a number of ways in which international labour standards have developed and become increasingly relevant in recent years.

  • 13 - Restructuring Victorian public hospitals and the implications for work and work organisation

  • from Part III - Workplace Relations in Action
  • Edited by Julian Teicher, Monash University, Victoria, Peter Holland, Monash University, Victoria, Richard Gough, Victoria University of Technology, Melbourne
  • Book:
    Australian Workplace Relations
    Published online:
    06 August 2018
    Print publication:
    04 June 2013, pp 225-237

  • Summary

    Chapter objectives

    This chapter will enable readers to understand the:

  • manner in which market-driven cost-cutting policies have played out in public hospitals, through a case study of one Australian state (Victoria)

  • process of work intensification in nursing and the its intersection with a range of management tools and measures developed for hospitals

  • temporary nature of the successes of the nursing union in campaigning for improved staffing and better health care under a Labor government

  • ways in which measures of performance can be manipulated to suggest improved performance of public hospitals

  • consequences of work intensification in terms of the experience of employees and the implications for their health and well-being.

    • Introduction

    This chapter examines the impact of an Australian state government (Victoria) applying an aggressive, neo-liberal reform agenda on the delivery of public sector hospital care and on nursing staff in particular. These changes were set in the context of a response to increasing labour costs and also disproportionately higher non-labour costs due to new pharmaceuticals, new diagnostic equipment and technology (White & Bray 2005: Congressional Budget Office 2008). However, the response of the Kennett Liberal-National Coalition government in Victoria to these cost pressures was to introduce more radical neo-liberal influenced changes to public hospitals than those implemented by the New South Wales state Labor Government (White & Bray 2005). These changes also coincided with the introduction of enterprise bargaining nationally during the 1990s, which allowed for enterprise-level collective bargaining over wages and conditions, with the aim of improving productivity (see also Chapters 1 and 5). However, centralised control over staffing budgets by state health departments left relatively little actual control of these issues in the hands of local hospital management (White & Bray 2005).

  • 2 - The Australian employment model in an international context

  • from Part I - Foundations of Australian Workplace Relations
  • Edited by Julian Teicher, Monash University, Victoria, Peter Holland, Monash University, Victoria, Richard Gough, Victoria University of Technology, Melbourne
  • Book:
    Australian Workplace Relations
    Published online:
    06 August 2018
    Print publication:
    04 June 2013, pp 26-45

  • Summary

    Chapter objectives

    This chapter will enable readers to understand the:

  • concept of employment models and their use in analysing the interactions between the state and markets

  • development of the services sector and the links to the ‘incomplete female revolution’

  • growth in casual work and its links to the growth in services, female employment and low-paid work

  • rising income inequality and the related growth in wage dispersion in OECD countries.

    • Introduction

    This chapter explores the key features of the Australian ‘employment model’. We deliberately use the term ‘model’ as distinct from ‘labour market’ because it is more holistic and invokes an important literature that links the welfare system and the labour market. This work originated with Esping-Andersen’s (1990) delineation of three models of welfare capitalism: social democratic (Sweden); conservative (Germany); and neo-liberal (United Kingdom and United States, which we also term the Anglo-American cases). The latter model is particularly relevant, given that our focus in this book is on the implementation of neo-liberal ideas in the labour market and more widely. The three models of welfare capitalism are not, however, a static typology, and Esping-Andersen characterises the models as emerging from political and economic struggles in each of the countries where they emerged. Importantly, this approach explicitly rejects the arguments of neo-classical economics (and neo-liberalism), which view markets as predominant and welfare provision as limited, instead of viewing labour markets and welfare as interlinked.

  • 9 - Monitoring and surveillance in the employment relationship: the new frontier

  • from Part II - The Evolving Workplace
  • Edited by Julian Teicher, Monash University, Victoria, Peter Holland, Monash University, Victoria, Richard Gough, Victoria University of Technology, Melbourne
  • Book:
    Australian Workplace Relations
    Published online:
    06 August 2018
    Print publication:
    04 June 2013, pp 155-173

  • Summary

    Chapter objectives

    This chapter will enable readers to understand the:

  • concept of workplace monitoring and surveillance and its growth and development

  • ways in which monitoring and surveillance are challenging traditional conceptions of the employment relationship

  • important policy and workplace regulation issues associated with monitoring surveillance

  • invasive nature of monitoring and surveillance in the workplace

  • paradox associated with monitoring and surveillance in the workplace, particularly in relation to the role of human resources managers.

    • Introduction

    The impact of the neo-liberal agenda, the shift in distribution of employment to the service sector, the growth in casual, temporary and contract employment and a decline in union membership have combined to create a context in which employees’ ability to resist managerial control has been reduced. In this situation of weakened resistance, the availability of new information technologies for the monitoring and surveillance of employee performance has enhanced the type, depth and intensity of management supervision. However, like any new technology, the impact of information technology is mediated by the social context and power relationships within which it is introduced.

  • 12 - From reactive flexibility to strategic flexibility in retail and hospitality

  • from Part III - Workplace Relations in Action
  • Edited by Julian Teicher, Monash University, Victoria, Peter Holland, Monash University, Victoria, Richard Gough, Victoria University of Technology, Melbourne
  • Book:
    Australian Workplace Relations
    Published online:
    06 August 2018
    Print publication:
    04 June 2013, pp 211-224

  • Summary

    Chapter objectives

    This chapter will enable readers to understand the:

  • nature and causes of labour market flexibility in two industries that are high users of precariously employed workers

  • attraction of many employers in retail and hospitality towards a minimalist approach to workplace flexibility, despite policy settings that facilitate employee-oriented flexibility

  • international literature demonstrating that the strategic implementation of flexible working practices can be beneficial to both employers and employees

  • potential for implementing flexible working arrangements in a way that reduces the adverse impacts of events such as the Global Financial Crisis (GFC).

    • Introduction

    As illustrated elsewhere in this book (see especially Chapters 2, 10 and 11), there has been a widespread shift in recent decades from full-time, ‘standard’ employment towards part-time, ‘non-standard’ employment, both in Australia and internationally. This trend has brought with it a proliferation of less secure, peripheral labour market participation. Focusing on retail and hospitality, two closely related industries that are characterised by high levels of ‘non-standard’ or precarious employment, this chapter examines how the strategic implementation of flexible working arrangements can enable people to achieve more secure and less peripheral labour market participation. The policy impetus for this discussion is provided primarily by the provisions of the Fair Work Act 2009 in relation to flexible working arrangements, set within the context of Australia’s experience during the Global Financial Crisis (GFC). The chapter indicates ways in which the use of flexible working arrangements can be implemented to expand equitable labour market participation and to reduce the impact of macro-economic fluctuations.

  • 8 - Changing patterns of workplace conflict and dispute resolution

  • from Part II - The Evolving Workplace
  • Edited by Julian Teicher, Monash University, Victoria, Peter Holland, Monash University, Victoria, Richard Gough, Victoria University of Technology, Melbourne
  • Book:
    Australian Workplace Relations
    Published online:
    06 August 2018
    Print publication:
    04 June 2013, pp 137-154

  • Summary

    Chapter objectives

    This chapter will enable readers to understand the:

  • marginalisation of the national industrial tribunal as an attempt to privatise the process of settling workplace disputes

  • reinvigoration of the dispute-settlement role of the national industrial tribunal

  • decline in the number of strikes and the consequential changes in the patterns of industrial conflict

  • evolution and nature of the unfair dismissal jurisdiction and the growth of unfair-dismissal disputes in Australia.

    • Introduction

    Workplace conflict is an inevitable part of the pluralistic nature of organisational life. In Australia, the management of workplace conflict has been at the heart of the political agenda for workplace relations for the major parties. This chapter briefly traces the history of the regulation of workplace conflict since the beginning of the twentieth century and looks at the importance of tribunal conciliation to the settlement of workplace disputes over this time. It then describes the major changes to the system of dispute settlement since the late 1980s, particularly in relation to the differing agendas of the various political parties, employers and unions, which have acted to decentralise dispute resolution to the workplace. In doing so, the chapter describes the national tribunal, the Fair Work Commission (formerly Fair Work Australia), examining its relationship with the functioning of dispute-settlement clauses in enterprise agreements required by legislation and the resolution of unfair dismissal disputes, which make up the bulk of the Commission’s workload. It then examines the collective and individual manifestations of workplace conflict. The chapter ends with an examination of the decline in strike numbers and concludes that overt conflict is not disappearing in Australia but it is changing to more individualised manifestations.

  • 5 - Australian employment regulation

  • from Part I - Foundations of Australian Workplace Relations
  • Edited by Julian Teicher, Monash University, Victoria, Peter Holland, Monash University, Victoria, Richard Gough, Victoria University of Technology, Melbourne
  • Book:
    Australian Workplace Relations
    Published online:
    06 August 2018
    Print publication:
    04 June 2013, pp 81-100

  • Summary

    Chapter objectives

    This chapter will enable readers to understand the

  • development of Australian employment regulation from the inception of the system of conciliation and arbitration

  • system of bargaining and agreements implemented under the Fair Work Act 2009 and the role of the Fair Work Commission

  • nature of the National Employment Standards and Modern Awards in providing a safety net

  • protections for employees from unfair dismissal, unlawful dismissal and discrimination under the Fair Work Act

  • protections under the Act for casual and temporary employees and contractors, and the shortcomings of those protections.

    • Introduction

    Legal regulation of Australian employment has undergone massive changes since the mid-2000s. The legislative regime introduced under the Work Choices policy by the Howard Liberal-National Coalition government in 2005 was revolutionary – it dismantled arbitrated awards, ensured that individual agreements prevailed over collective agreements, removed unfair dismissal protection from most Australian employees, introduced secret strike ballots and greatly diminished the independent industrial tribunal’s role. In a dramatic policy contrast enshrined in the Fair Work Act 2009, operative from 1 January 2010, the federal Labor government significantly reversed most of these changes, emphasising enterprise-based collective bargaining underpinned by a safety net of modernised awards and legislated conditions, eliminating individual bargaining and reintroducing job security through unfair dismissal laws. The common law employee–contractor distinction importantly underpins the new national system, together with employment anti-discrimination and occupational health and safety legislation. This chapter analyses these features, critiquing the new national system, which largely has moved away from reliance on market forces to a system of collective bargaining supported by protections for weaker groups and a new good-faith bargaining concept.

  • 14 - Global supply chains and workforce flexibility in automotive components

  • from Part III - Workplace Relations in Action
  • Edited by Julian Teicher, Monash University, Victoria, Peter Holland, Monash University, Victoria, Richard Gough, Victoria University of Technology, Melbourne
  • Book:
    Australian Workplace Relations
    Published online:
    06 August 2018
    Print publication:
    04 June 2013, pp 238-251

  • Summary

    Chapter objectives

    This chapter will enable readers to understand:

  • how global supply chains influence local production arrangements in the automotive components sector

  • the importance of a broad systemic understanding of the factors influencing production and work arrangements

  • interactions between production practice, work organisation and human resources management (HRM) practices

  • how external economic and regulatory factors influence the organisation of work and production

  • the ways in which employee voice operates in relation to production strategies and the pressures that shape work and work organisation.

    • Introduction

    In this chapter, we examine the role of workplace relations practices and policies at Futuris, Australia’s largest domestic automotive components company. We will show the ways in which competitive pressures, government policy and industrial negotiations have shaped and changed the experience of work and workplace relationships in the company. The components industry is one in which the globalisation of markets has shaped production scale and strategy; it is an industry in which labour negotiations and the content of enterprise agreements provide the framework for productive efficiency and the experience of work, and also an industry in which communications and employee involvement have to serve sometimes conflicting management and employee needs. Many of the issues raised in this case study have salience in other locations, because the industry is inherently global in its orientation through its part of global value chains in the automotive sector.

  • 7 - The dynamics of employee voice in Australia

  • from Part II - The Evolving Workplace
  • Edited by Julian Teicher, Monash University, Victoria, Peter Holland, Monash University, Victoria, Richard Gough, Victoria University of Technology, Melbourne
  • Book:
    Australian Workplace Relations
    Published online:
    06 August 2018
    Print publication:
    04 June 2013, pp 118-136

  • Summary

    Chapter objectives

    This chapter will enable readers to understand the:

  • concept and varieties of employee voice and of voice channels

  • development of employee voice in an Australian context

  • importance of employee voice for organisations and their employees

  • comparative efficacy of different employee voice channels

  • importance of power and influence when analysing employee voice.

    • Introduction

    The contemporary Australian workplace relations landscape, as in many other Anglo-American advanced market economies, is strongly influenced by neo-liberal ideologies. Related to this has been a series of important developments, including declining trade union membership and density, the emergence of sophisticated human resources management (HRM) strategies focusing on the individual and the rise of enterprise bargaining. These changes have had a significant effect on the structure and practice of workplace relations, not least on the ways in which management variously communicates, interacts with and involves the workforce or its representatives in the organisation and its processes (which we refer to here as ‘employee voice’). The shift in the locus of decision-making power to the workplace level, and a focus on direct communications between employers and employees, increasingly is becoming the norm so that forms of voice involving unions are generally in decline in the English-speaking world. As unions and union voice channels in the workplace have become more marginalised, this has acted as both a cause and a catalyst for the development of alternative voice channels in many – usually larger – organisations. These fundamental changes in workplace relations have stimulated increased interest in new patterns of employee voice and employee participation in Australia, specifically in terms of establishing and utilising effective mechanisms to engage employees and manage the employment relationship.

Page 1605 of 1926