Unfair Discrimination in the Workplace cogently explains the meaning of unfair discrimination and the law on harassment and medical, HIV and psychological testing. The book analyses employer liability for employee discrimination, dispute resolution, prevention of unfair discrimination, the legal defences to a claim of unfair discrimination, and gives examples of dispute resolution procedures. Chapters set out the labour law, constitutional law and international codes for each topic covered in the book. The reader is provided with extracts from case law, conventions and codes of good practice grouped with each type of unfair discrimination. Unfair Discrimination in the Workplace also contains relevant case studies which illustrate commonly encountered discrimination problems and their practical solutions. The amendments to the EEA are taken into account. An extract from the February 2014 draft regulations to the EEA is provided as an Appendix to the book.

This book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialized ones, therefore making it a significant contribution to the field. In large part, the authors conclude that regulation of labour can play a positive role in promoting social and economic development, especially over time. Effective regulation has the potential to promote democratic engagement at work and beyond. However its impact is dependent on how much its design grapples with the particular arrangements of work occurring within different industries, reflecting the nature of development and social relations within that country. Contributors emphasize that regulation needs to be adapted to the challenges presented by non-standard employment relations, changes in the structure of work and the rise of global value chains. This collection's exploration of labour regulation in developing countries will be of interest to labour law scholars and teachers, to policy-makers in the field of labour regulation - especially in the global South - as well as to technical advisers and those engaged in the practice of industrial relations. Contributors include: G. Bensusan, D. Cheong, S. Deakin, F. Ebert, C. Fenwick, S. Godfrey, K. Kolben, S. Marshall, K. Sankaran, M. von Broembsen In Association with the International Labour Organization

Explore the key aspects of business law through accessible, engaging real-life cas Law for Business Students, 12th edition, by Adams, Caplan and Lockwood provides you with contemporary and comprehensive coverage of the fundamental legal principles relating to the business environment. It introduces legal concepts to non-law students in a practical and engaging way through real-life cases relevant to the business world. The book offers a range of features to help you understand, apply and analyse legal concepts, including scenarios to encourage the development of opinions and application of relevant legal concepts. The 'Worth thinking about' sections provide discussion points to analyse within the classroom, while 'Exam tips' help revision practice by pointing to areas of the law which are likely to appear in exam questions. The new edition has been thoroughly updated to cover legal developments in a range of diverse areas relevant to the core topics of law: contract (including intellectual property), tort, employment and business organisations (including formation), governance, and dissolution. It reflects the changes in the law as a result of Brexit, as well as Covid litigation arising in relation to employment rights. This title also has a Companion Website.

Thompsons Solicitors have been working for the TUC and fighting for workers' rights since their inception. They are the biggest trade union law firm specialising in claims for compensation in cases involving workplace injuries and disputes. The firm has branches all over the UK and employs over 1000 people. This book presents stories, events and campaigns: for compensation, for workers' entitlements and political cases: the Poplar Borough Council case, the Meerut Trials of 1929, and others from the 1920s and '30s, many involving members of the Labour and Communist parties. It chronicles the development of the firm into the present and witnesses to Thompsons' involvement with the Labour Research Department and the NCCL - now Liberty. 'Fundamentally, Thompson believed in using his great skill and knowledge and courage as a lawyer in the interests of the oppressed against the rich and powerful, on behalf of injured workmen against insurance companies, on behalf of tenants against landlords, on behalf of trade unions and trade unionists against employers, on behalf of political demonstrators against the police, on behalf of the citizen against the bureaucrat, in short, on behalf of the poor against the wealthy, on behalf of the mass of people against those who sought to govern and control them.' O.H. Parsons

Labour Relations: A Southern African perspective is the eight editions of a text first published in 1989 under the title Labour Relations in South Africa. At that time, it was the first comprehensive textbook of its kind and was hailed as having reached the finishing line when others were still at the starting block. Since then continuous social, political and legislative developments, and the ever-changing labour relations scenario, have necessitated regular updates, as well as the more recent change to its title. Like its predecessors, this edition uses the labour 'relationship' as its starting point, guiding readers through the establishment of labour relations systems, the key participants and interactions involved and the legislation governing these interactions. It does this by using detailed practical examples, explanations and real-life cases where applicable. In various parts of this latest edition, the text touches on the Fourth Industrial Revolution, the nature of changes to come and the implications for the world of work.

This book offers a critical reflection on the operation and effects of labour regulation. It articulates the broad goals and extensive potential for it to contribute to inclusive development, while also considering the limits of some areas of regulation and governance. Drawing on both field studies and innovative theoretical perspectives, the contributors reveal an emerging consensus that labour regulation is neither negative nor positive for economic and social outcomes. By comparing the concerns and methodologies of various disciplines, they argue that balanced regulation is essential. Following analysis of how the global financial crisis has increased labour market segmentation, the book addresses the needs of key groups often at the periphery, including young women, workers in the informal economy, migrants and home-care workers. The book argues that effective and efficient labour market regulation can contribute to achieving key policy goals of employment formalization and inclusive labour markets, while also pursuing equitable distribution. An important comparative work, academics and students will find this book to be of exceptional value, particularly those studying law, economics, political science, international relations and development studies. Practitioners and policy-makers from both developed and developing countries will also benefit from the wide range of perspectives. Contributors include: D. Bailey, F. Bertranou, L. Casanova, S. Charlesworth, A. De Ruyter, C. Fenwick, M. Freedland, J. Grundy, B.-H. Lee, R. Rachmawati, J. Rubery, M.I. Syaebani, M.P. Thomas, K. Tijdens, V. Van Goethem, M. Van Klaveren, A.M. Vargas Falla, L.F. Vosko, T. Warnecke

The second edition of contemporary labour relations addresses pertinent issues in the dynamic field of labour relations and reflects the fast pace of change by including the latest concepts, practices and systems found within South African labour relations today. It covers theory and perspectives of labour relations in South Africa, as well as labour relations history and environmental influences, and the important subject of labour economics.

Reflexive Labour Law in the World Society investigates trends in labour and employment law from the perspective of modern social systems theory.It uses Niklas Luhmann's theory of the world society and Gunther Teubner's reflexive law concept for an analysis of modern employment law and industrial relations. Areas investigated include: reflexive employment protection; the reflexive regulation and deregulation of labor market policies and labour law; reflexivity in labor and employment conflict resolution; reflexive coordination and implementation of EU social and employment law; and reflexive global labor law. Contents: Preface Part I: Theory 1. The World Society Context: The Globalisation of Labour Law 2. Reflexive Labour Law: A General Introduction 3. Industrial Relations as a Social System Part II: Reflexive Trends in Modern Labour Law 4. Reflexive Employment Protection 5. Reflexive Regulation of Labour Market Policies 6. Reflexive Deregulation of Labour Market Policies and Labour Law 7. Reflexive Regulation of Labour and Employment Conflict Resolution Part III: Reflexive European and International Labour Law 8. Reflexive Coordination of European Social and Employment Policies 9. Reflexive Implementation of EU Employment Law - A Case Study of the Working Time Directive 10. Reflexive Global Labour Law Bibliography Index

In keeping with past editions, the purpose of the Dispute resolution digest 2015 is to report on the state of dispute resolution in South Africa. The contents consist of a mix of opinions by respected experts and statistical analysis of hard data in dispute information gathered from the reports and case management records of the Labour court, CCMA, Bargaining councils and Tokiso. The purpose of this annual undertaking is to improve our collective understanding of how well the dispute resolution systems and institutions are working. The Digest contains a considerable collection of data and analysis over the years. It is pleasing to report evidence of further improvements in the efficiencies of all of the dispute resolution institutions: The Labour court, CCMA, Bargaining councils and Tokiso.

Understanding sectoral determination 9: The wholesale & retail sector presents a non-legalistic commentary on the specific minimum conditions of employment applicable to persons employed in South Africa in this sector. The key provisions of the sectoral determination are covered in a systematic manner, with 'Key Point' summaries at the end of each section. Understanding sectoral determination 9 also contains the text of the legislation for easy reference. All employers in this sector are required, in terms of s36 of the determination, to have a copy of the determination available at the workplace. This title fulfills that requirement, as well as providing an explanation of the law.

Comprising five thematic sections, this volume provides a critical, international and interdisciplinary exploration of employment relations. It examines the major subjects and emerging areas within the field, including essays on institutional theory, voice, new actors, precarious work and employment. Led by a well-respected team of editors, the contributors examine current knowledge and debates within each topic, offering cutting-edge analysis and reflection. The Routledge Companion to Employment Relations is an extensive reference work that offers students and researchers an introduction to current scholarship in the longstanding discipline of employment relations. It will be an essential addition to library collections in business and management, law, economics, sociology and political economy.

This Handbook is testament to the value of whistleblowing for democracy, with new research and existing knowledge probed with fresh and urgent questions. What is the impact of global technology on public accountability, journalism and whistleblower protection? If indifference is what really matters, is focus on retaliation misplaced? What stops those in authority from heeding whistleblowers? A vital resource for anyone fighting to protect whistleblowers anywhere to better articulate whose interests are really at stake and what needs to be done.- Anna Myers, lawyer and Expert Coordinator of the Whistleblowing International Network (WIN)'The International Handbook on Whistleblowing Research offers a thorough and thoughtful examination of current approaches to research regarding this important topic. The editors have included the viewpoints of highly regarded researchers from a number of different fields, including the social sciences, business, and law. Unlike some collections of comments by experts in diverse fields, the editors have created a coherent and useful structure for an analysis of the status of whistleblowing research, the appropriate design for such research and its practical applications. The book casts new light on many topics crucial to the success or failure of whistleblower laws. Researchers, activists, policy makers and anyone interested in understanding whistleblowing and improving laws that encourage and protect it should read this indispensable work. A 'who's who' of the field and a depository of insights and ideas.- Robert Vaughn, American University Washington College of Law, US Whistleblowing the disclosure of wrongdoing by organizational insiders is vital to modern public accountability and integrity across all organizations and societies. This important Handbook offers original, cutting-edge analyzes of the conceptual and practical challenges that researchers face in order to better inform the way whistleblowing is understood and confronted by organizations, regulatory authorities and governments. Featuring contributions from scholars and policy practitioners in a number of diverse fields - including sociology, political science, psychology, information systems, media studies, business, management, criminology, public policy and several branches of law - the book provides a comprehensive guide to existing research and blueprints for how new research should be conducted in the future. It covers conceptual and definitional fundamentals of whistleblowing and strategies for researching whistleblowing in an organizational context, as well as law reform, regulation, management practicalities and research ethics. It also charts the lessons of 30 years of empirical research and maps out new questions and projects for future decades. This Handbook, with its unique perspective on the complex, multi-faceted and often controversial nature of whistleblowing research, will be a vital resource for researchers, policymakers and organizations around the world. Contributors: B. Bjorkelo, R. Bosua, A.J. Brown, H.H. Bye, K. Crow, T. Devine, S. Dreyfus, T. Morehead Dworkin, B. Edwards, B. Fasterling, T. Faunce, P. Harpur, R. Lederman, D. Lewis, J. Leys, K. Loyens, J. Maesschalck, B. Martin, D.P. Meyer, M.P. Miceli, S. Milton, R. Moberly, F.M. Morgan Jr, J.P. Near, T. Nikolic, J. Olsen, M.T. Rehg, P. Roberts, M. Skivenes, R. Smith, J. Spencer, M. Spencer, S.C. Trygstad, E. Tsahuridu, T. Uys, W. Vandekerckhove, S. Walden, C. Wheeler, J. Zuckerman

Fast jeder, der sich ernsthaft mit der Wirtschaft beschAftigt, muss sich auch mit dem Arbeitsrecht auseinandersetzen. Aber gerade die BeschAftigung mit einem fremden Bereich wie dem Rechtswesen ist oft schwer. Oliver Haag erklArt Ihnen deshalb von der Pike auf, was Sie A1/4ber Arbeitsrecht wissen sollten. Er fA1/4hrt Sie in die juristische Denk- und Arbeitsweise ein und erklArt Ihnen die allgemeinen Grundlagen des Arbeitsrechts. Sie erfahren auA erdem, was es mit den Details des Individualarbeitsrechts und des Kollektivarbeitsrechts auf sich hat. Zum Abschluss lernen Sie anhand von BeispielfAllen, wie Sie sich mit dem Arbeitsrecht in Klausuren auseinandersetzen sollten. So ist dieses Buch ein freundlicher Begleiter bei Ihren ersten Schritten in diesem wichtigen, aber manchmal auch recht komplizierten Thema.

"A smart, well-documented book about a group of people determined to hold the powerful to account."-2021 NPR "Books We Love" "Journalism at its best."-2022 Southwest Books of the Year: Top Pick A 2021 Immigration Book of the Year, Immigration Prof Blog Investigative Reporters & Editors Book Award Finalist 2021 How Latino activists brought down powerful Arizona sheriff Joe Arpaio. Journalists Terry Greene Sterling and Jude Joffe-Block spent years chronicling the human consequences of Sheriff Joe Arpaio's relentless immigration enforcement in Maricopa County, Arizona. In Driving While Brown, they tell the tale of two opposing movements that redefined Arizona's political landscape-the restrictionist cause advanced by Arpaio and the Latino-led resistance that rose up against it. The story follows Arpaio, his supporters, and his adversaries, including Lydia Guzman, who gathered evidence for a racial-profiling lawsuit that took surprising turns. Guzman joined a coalition determined to stop Arpaio, reform unconstitutional policing, and fight for Latino civil rights. Driving While Brown details Arpaio's transformation-from "America's Toughest Sheriff," who forced inmates to wear pink underwear, into the nation's most feared immigration enforcer who ended up receiving President Donald Trump's first pardon. The authors immerse readers in the lives of people on both sides of the battle and uncover the deep roots of the Trump administration's immigration policies. The result of tireless investigative reporting, this powerful book provides critical insights into effective resistance to institutionalized racism and the community organizing that helped transform Arizona from a conservative stronghold into a battleground state.

'A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws.'- A.J. Brown, Griffith University and Transparency International Australia 'Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years.' - Richard Moberly, University of Nebraska College of Law Drawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures. The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century. This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject. Contents: Preface 1. Successes and Failures 2. Question Authority 3. Nonviolence and Civil Disobedience 4. Whistleblower Stories and Emerging Narratives 5. Watergate and Whistleblower Protection 6. The Civil Service Reform Act and Whistleblower Protection 7. Retrospective and Forecast 8. Incentives 9. Private-sector Laws 10. Institutional Failure 11. Interpretation 12. National Security 13. Global Whistleblower Laws 14. Civil Society 15. Perspectives 16. Old Issues - New Controversies Index

The goal of this well known book is to provide methods for understanding major EEO laws, including the Civil Rights Act of 1964, the Equal Pay Act of 1963, and the American with Disabilities Act of 1990. Also included are over 700 cases involving federal case law that focus on issues relating to the terms and conditions of employment. New to this third edition are sections at the end of each chapter on "Implications for Practice." These accessible sections will give organizations and managers practical advice on strategies and guidelines for implementing laws and guidelines. A website of additional case materials, power points, and teaching aids accompany this book.

Employment Rights forms one volume of a quartet by the author, which together covers the entire field of labour law as it has developed in South Africa to date. This volume deals with relations between employers and employees from the commencement of employment to its termination and highlights the drastic inroads which have been made on the managerial prerogative by legislation, particularly the Basic Conditions of Employment Act, the Labour Relations Act and the Employment Equity Act. The reader will find detailed discussion of the employment contract, unfair labour practices, unfair discrimination and affirmative action, unemployment insurance and skills development. The book is written in the clear and readable style for which the author has become acclaimed, and each topic is copiously illustrated with examples drawn from the case law.

This is an extremely insightful book on an important and timely topic - how to get women on to corporate boards. I am proud to have been a part of the discussion and processes presented in this book, and I am impressed by how the editors have put together a systematic and comprehensive overview of the snowball effects of the Norwegian gender balance law. This book will definitely be influential when policy-makers and politicians in various countries are considering voluntary actions or legal regulations to empower women in corporate life.' - Kjell Magne Bondevik, Director, Oslo Centre for Peace and Human Rights and Former Prime Minister of Norway (1997-2000 and 2001-2005)'This book provides significant and important insight into the continuing challenge in getting more women on to corporate boards globally. Catalyst has always believed that competing in a global economy requires that companies leverage the talents of both men and women leaders. This book's evidence-based reflections about gender balance in the boardroom, from Norway and beyond, help further the dialogue on this important business issue.' - Ilene H. Lang, President and CEO, Catalyst This book provides unique insights into how the idea of quota laws to get women on to corporate boards gained international momentum from its origins in Norway. Invaluable insights are gained through the stories of actors involved in shaping the discourse and practice on women of boards. In exploring political contexts, the role of the advocacy movement, experiences of women directors themselves and latest research findings, the contributors provide a comprehensive overview of the rationales, processes and outcomes of formal approaches to gender diversity on boards. Drawing on insights from political, business and academic actors, the book discusses how and why the Norwegian law on gender equality on corporate boards is turning into a blueprint for action internationally. Getting Women on to Corporate Boards will prove an invaluable resource for policy-makers, principle-setters, practitioners and students interested in the international lessons from Norway, as well as for current and potential female directors. Contributors: K. Bergsto, H. Bjorkhaug, A. Bolso, M. Brogi, A.D. Buhrmann, L. Davoy, C. Finocchi Mahne, H. Foust-Cummings, K. Hansen, V. Heidenreich, E. Hurvenes, M. Huse, G. Ladegard, M. Lutken, S. Machold, D.P. Moore, I.R. Myhre, N.H. Nergaard, V. Reding, M. Schulz-Strelow, R. Sealy, C. Seierstad, S.O. Sorensen, E.G. Standal, M. Torchia, S. Vinnicombe, D. Weber-Rey, C. Wetli, T. Widvey

Estlund and Wachter have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.' - Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, USThis Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volume's 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims. Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists. Contributors: R. Arnow-Richman, S. Deakin, Z.J. Eigen, R.A. Epstein, C.L. Estlund, S. Estreicher, B.T. Hirsch, A. Hyde, S. Issacharoff, C. Jolls, B.E. Kaufman, M.M. Kleiner, B.I. Sachs, E. Scharff, S.J. Schwab, M.L. Wachter, D. Weil

This book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.

This book examines the impact of the COVID-19 pandemic on changing labour markets and accelerating digitalisation of the workplace in Central and Eastern Europe. It provides an innovative and enriching take on the work experience from the pandemic times and discusses the challenges of ongoing changes in labour markets and workplaces in a way that is not covered by the extant literature. The impact of the COVID-19 pandemic and digitalisation on labour market outcomes is analysed throughout 12 chapters, by 34 labour market experts from various CEE countries. Most chapters are based on empirical methods yet are presented in an easy-to-follow way to make the book also accessible for a non-scientific audience. The volume addresses the three key goals: to better understand the impact of the COVID-19 pandemic on the adoption of workplace digitalisation in the selected labour markets in CEE countries and the potential trade-offs facing those who do and do not have access to this benefit to complement the labour market research by incorporating the outputs of changing demand for skills to contribute new insight into policies and regulations that govern the future of work The book argues that the recent COVID-19 pandemic was a sombre reminder of the relevance and necessity of digital technology for a variety of sectors and market activities. It concludes that to downside the risks of vanishing jobs, as well as to minimise the threats and maximise the opportunities of digitalisation in CEE countries, labour market partners need to consider an effective governance tool in terms of inclusive access to the digital environment, re-skilling, and balanced regulations of the more problematic facets of digital work. The book will be of interest to postgraduate researchers and academics in the fields of labour economics, regional economics, and macroeconomics. Additionally, due to the broader policy implications of the topic, the book will appeal to policymakers and experts interested in labour economics. The Introduction, Chapters 4 and 12 of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.