Pub Date : 2023-07-12DOI: 10.1177/00221856231185866
I. Landau, J. Howe, Trang Thi Kieu Tran, Petra Mahy, C. Sutherland
This paper proposes a new framework for the analysis of collective labour dispute resolution. It begins by explaining why dominant conceptual frameworks in IR and labour law scholarship are insufficient on their own to capture the plurality of regulatory sources that bear upon collective labour dispute resolution. The authors then draw on theoretical insights from regulatory studies on the presence and interaction of multiple regulatory orders, and socio-legal scholarship on dispute resolution, to propose a framework that enables the investigation of both the formal and informal aspects of labour dispute resolution and their interplay. This framework disaggregates data collection and analysis into five components: (i) actors; (ii) nature of dispute; (iii) arenas and processes; (iv) interactions; and (v) outcomes. The framework is particularly tailored to, and based on evidence from, Southeast Asia, but may also have wider application beyond this region.
{"title":"Regulatory pluralism and the resolution of collective labour disputes in Southeast Asia","authors":"I. Landau, J. Howe, Trang Thi Kieu Tran, Petra Mahy, C. Sutherland","doi":"10.1177/00221856231185866","DOIUrl":"https://doi.org/10.1177/00221856231185866","url":null,"abstract":"This paper proposes a new framework for the analysis of collective labour dispute resolution. It begins by explaining why dominant conceptual frameworks in IR and labour law scholarship are insufficient on their own to capture the plurality of regulatory sources that bear upon collective labour dispute resolution. The authors then draw on theoretical insights from regulatory studies on the presence and interaction of multiple regulatory orders, and socio-legal scholarship on dispute resolution, to propose a framework that enables the investigation of both the formal and informal aspects of labour dispute resolution and their interplay. This framework disaggregates data collection and analysis into five components: (i) actors; (ii) nature of dispute; (iii) arenas and processes; (iv) interactions; and (v) outcomes. The framework is particularly tailored to, and based on evidence from, Southeast Asia, but may also have wider application beyond this region.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"65 1","pages":"472 - 496"},"PeriodicalIF":2.3,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48197753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-23DOI: 10.1177/00221856231177118
A. Preston
This paper uses micro-data from the Household, Income and Labour Dynamics in Australia (HILDA) Survey to examine the relationship between gender role attitudes and the labour supply of men and women. Using the Wellington decomposition technique, the paper also considers how much of the change in the gender gap in labour force participation (LFP) between 2001/5 and 2015/19 may be explained by changes in the gender role attitudes of adult women and men. The results show a 6.5 percentage point convergence in the gender gap in LFP between the two periods. Nearly half the convergence arises from a change in the schooling attainment of men and women. Just over one-third is due to changes in gender role attitudes (faster adoption of egalitarian gender role attitudes by women).
{"title":"Changing gender role attitudes and the changing gender gap in labour force participation","authors":"A. Preston","doi":"10.1177/00221856231177118","DOIUrl":"https://doi.org/10.1177/00221856231177118","url":null,"abstract":"This paper uses micro-data from the Household, Income and Labour Dynamics in Australia (HILDA) Survey to examine the relationship between gender role attitudes and the labour supply of men and women. Using the Wellington decomposition technique, the paper also considers how much of the change in the gender gap in labour force participation (LFP) between 2001/5 and 2015/19 may be explained by changes in the gender role attitudes of adult women and men. The results show a 6.5 percentage point convergence in the gender gap in LFP between the two periods. Nearly half the convergence arises from a change in the schooling attainment of men and women. Just over one-third is due to changes in gender role attitudes (faster adoption of egalitarian gender role attitudes by women).","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":" ","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42732795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-15DOI: 10.1177/00221856231168236
{"title":"CORRIGENDUM to Is multidimensional precarious employment higher for women?","authors":"","doi":"10.1177/00221856231168236","DOIUrl":"https://doi.org/10.1177/00221856231168236","url":null,"abstract":"","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":" ","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46528599","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-22DOI: 10.1177/00221856231173862
Elliroma Gardiner, Jonas Debrulle
This paper focuses on the legal remedies for age discrimination and dismissal of older workers, identifying the factors that courts and tribunals in Australia and the United Kingdom (UK) consider when calculating compensation for two forms of damages: injury to feelings and future losses. A secondary aim is to determine whether these factors adequately consider the unique workforce participation challenges faced by older workers in both countries. Considering the similarities between Australian and UK age discrimination law and given that the latter jurisdiction has had considerably more successful cases than the former, this study adopts a comparative approach and draws on UK cases to inform the development of Australian age discrimination law. Analysis of all successful Australian and a selection of successful UK age discrimination and dismissal cases spanning from 2017 to 2020 suggests that Australian law might be strengthened by: adopting a scale of awards similar to the guidelines established in Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871 (‘ Vento’) for recognising and awarding injury to feelings; and by more readily awarding future losses, particularly for claimants who plan to work or who are already working past retirement age.
本文侧重于针对年龄歧视和解雇老年工人的法律补救措施，确定了澳大利亚和英国的法院和法庭在计算两种形式的损害赔偿时考虑的因素：感情伤害和未来损失。第二个目的是确定这些因素是否充分考虑了两国老年工人面临的独特的劳动力参与挑战。考虑到澳大利亚和英国年龄歧视法之间的相似性，并考虑到后者的司法管辖区比前者成功得多，本研究采用了比较方法，并借鉴了英国的案例，为澳大利亚年龄歧视法的发展提供信息。对2017年至2020年所有成功的澳大利亚和英国成功的年龄歧视和解雇案件的分析表明，澳大利亚法律可以通过以下方式得到加强：采用类似于Vento v Chief Constable of West Yorkshire Police[2002]EWCA Civ 1871（“Vento”）中确立的承认和奖励感情伤害的准则的奖励规模；以及更容易赔偿未来的损失，特别是对于计划工作或已经超过退休年龄的索赔人。
{"title":"Are employer-dismissed older workers adequately compensated? Comparison of Australian and UK age discrimination and dismissal cases","authors":"Elliroma Gardiner, Jonas Debrulle","doi":"10.1177/00221856231173862","DOIUrl":"https://doi.org/10.1177/00221856231173862","url":null,"abstract":"This paper focuses on the legal remedies for age discrimination and dismissal of older workers, identifying the factors that courts and tribunals in Australia and the United Kingdom (UK) consider when calculating compensation for two forms of damages: injury to feelings and future losses. A secondary aim is to determine whether these factors adequately consider the unique workforce participation challenges faced by older workers in both countries. Considering the similarities between Australian and UK age discrimination law and given that the latter jurisdiction has had considerably more successful cases than the former, this study adopts a comparative approach and draws on UK cases to inform the development of Australian age discrimination law. Analysis of all successful Australian and a selection of successful UK age discrimination and dismissal cases spanning from 2017 to 2020 suggests that Australian law might be strengthened by: adopting a scale of awards similar to the guidelines established in Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871 (‘ Vento’) for recognising and awarding injury to feelings; and by more readily awarding future losses, particularly for claimants who plan to work or who are already working past retirement age.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":" ","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42820638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-17DOI: 10.1101/2023.04.10.23288317
J. Wels, Natasia Hamarat, Vanessa De Greef
Background: Besides major employment disruptions, the COVID-19 pandemic has generated policy responses with specific mechanisms to protect workers' health. In Belgium, most of these policies were negotiated at national and cross-sectorial level but implemented at company level with company-based collective negotiation playing a key role. This study examines the relationship between trade union representatives' perception of social dialogue quality and change in workers' physical and mental health in such a context. Methods: Union representatives were surveyed throughout Belgium between August and December 2021 through an online questionnaire (N=469). We asked about the way they perceived workers' physical and mental health within their companies and explain variations with the self-perceived change in quality of social dialogue as an exposure. We use a modified Poisson regression for binary outcomes on four stratified models that additively account for no control, company characteristics, pre-pandemic self-reported health and COVID-19-related measures. Weights are generated to ensure sector representativeness. Results: 30.1% of the sample reported a worsening social dialogue quality during the pandemic. Relative Risks (RR) of poor physical and mental health when social dialogue has worsened are respectively 1.49 [95%CI:1.03; 2.15] and 1.38 [95%CI= 1.09;1.74] when controlling for company characteristics and pre-pandemic health. Adding pandemic-related measures reduces the risk of both poor mental [RR=1.25; 95%CI: 0.84; 1.87] and physical health [RR=1.18; 95%CI:0.94;1.49]. Conclusions: Although based on self-reported variables, the study shows an association between poor social dialogue quality and poor physical and mental health during the COVID-19 pandemic that must be explored further in post-pandemic context.
{"title":"Social dialogue quality and workers' health as perceived by Belgian trade union representatives during the COVID-19 pandemic.","authors":"J. Wels, Natasia Hamarat, Vanessa De Greef","doi":"10.1101/2023.04.10.23288317","DOIUrl":"https://doi.org/10.1101/2023.04.10.23288317","url":null,"abstract":"Background: Besides major employment disruptions, the COVID-19 pandemic has generated policy responses with specific mechanisms to protect workers' health. In Belgium, most of these policies were negotiated at national and cross-sectorial level but implemented at company level with company-based collective negotiation playing a key role. This study examines the relationship between trade union representatives' perception of social dialogue quality and change in workers' physical and mental health in such a context. Methods: Union representatives were surveyed throughout Belgium between August and December 2021 through an online questionnaire (N=469). We asked about the way they perceived workers' physical and mental health within their companies and explain variations with the self-perceived change in quality of social dialogue as an exposure. We use a modified Poisson regression for binary outcomes on four stratified models that additively account for no control, company characteristics, pre-pandemic self-reported health and COVID-19-related measures. Weights are generated to ensure sector representativeness. Results: 30.1% of the sample reported a worsening social dialogue quality during the pandemic. Relative Risks (RR) of poor physical and mental health when social dialogue has worsened are respectively 1.49 [95%CI:1.03; 2.15] and 1.38 [95%CI= 1.09;1.74] when controlling for company characteristics and pre-pandemic health. Adding pandemic-related measures reduces the risk of both poor mental [RR=1.25; 95%CI: 0.84; 1.87] and physical health [RR=1.18; 95%CI:0.94;1.49]. Conclusions: Although based on self-reported variables, the study shows an association between poor social dialogue quality and poor physical and mental health during the COVID-19 pandemic that must be explored further in post-pandemic context.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":" ","pages":""},"PeriodicalIF":2.3,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49467023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-12DOI: 10.1177/00221856231168994
T. Bartram, J. Cavanagh, P. Stanton, Matthew Walker, Patricia Pariona‐Cabrera, B. Halvorsen
This paper examines the factors that have led to the undervaluing of the medical science profession and how a union can take a strategic approach to strengthen the professional identity of its membership to overcome challenges. We draw on interviews with union officials and managers and focus groups with medical scientists in four health services in Victoria, Australia. Drawing on the union strategy literature, we argue that professional identity is related in a recursive way to the attitudinal context and the narrative capabilities of the union. We found that first, many medical scientists believed that medical science was invisible and undervalued contributing to a weak professional identity due to underlying structural and institutional factors. Second, this has been exacerbated by the attitudinal context in which the profession has been subordinated to the other stronger professions of doctors and nurses. Third, we report the union is attempting to strengthen the professional identity of medical scientists through developing union campaigns with a narrative around work intensification and the critical nature of medical science work. Union strategy underpinned by union campaigns seeks to transform medical scientists’ attitudinal context by harnessing their sense of associational power through narrative capabilities to strengthen professional identity.
{"title":"Medical science an undervalued profession: Strengthening professional identity through union strategy","authors":"T. Bartram, J. Cavanagh, P. Stanton, Matthew Walker, Patricia Pariona‐Cabrera, B. Halvorsen","doi":"10.1177/00221856231168994","DOIUrl":"https://doi.org/10.1177/00221856231168994","url":null,"abstract":"This paper examines the factors that have led to the undervaluing of the medical science profession and how a union can take a strategic approach to strengthen the professional identity of its membership to overcome challenges. We draw on interviews with union officials and managers and focus groups with medical scientists in four health services in Victoria, Australia. Drawing on the union strategy literature, we argue that professional identity is related in a recursive way to the attitudinal context and the narrative capabilities of the union. We found that first, many medical scientists believed that medical science was invisible and undervalued contributing to a weak professional identity due to underlying structural and institutional factors. Second, this has been exacerbated by the attitudinal context in which the profession has been subordinated to the other stronger professions of doctors and nurses. Third, we report the union is attempting to strengthen the professional identity of medical scientists through developing union campaigns with a narrative around work intensification and the critical nature of medical science work. Union strategy underpinned by union campaigns seeks to transform medical scientists’ attitudinal context by harnessing their sense of associational power through narrative capabilities to strengthen professional identity.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"65 1","pages":"348 - 369"},"PeriodicalIF":2.3,"publicationDate":"2023-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46572915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-10DOI: 10.1177/00221856231166549
E. Schofield-Georgeson
Informed by an emerging discourse in environmental labour studies, this article investigates the legality of environmental bargaining in Australia. It demonstrates that existing enterprise bargaining law mostly prevents meaningful and enforceable bargaining regarding environmental issues. Proposed here instead is that more impactful possibilities for environmental bargaining exist under state Work Health and Safety (WHS) laws. In this respect, the article engages with some of the latest legal developments within the field of WHS that may enable environmental bargaining on the terms recommended by the environmental labour studies literature. It nevertheless acknowledges that such proposals may generate additional regulatory and resource burdens on regulators and workers alike. Accordingly, it concludes by canvasing a range of alternative regulatory arrangements rendering environmental bargaining more fair and effective.
{"title":"Legal obstacles and possibilities for environmental bargaining in Australia","authors":"E. Schofield-Georgeson","doi":"10.1177/00221856231166549","DOIUrl":"https://doi.org/10.1177/00221856231166549","url":null,"abstract":"Informed by an emerging discourse in environmental labour studies, this article investigates the legality of environmental bargaining in Australia. It demonstrates that existing enterprise bargaining law mostly prevents meaningful and enforceable bargaining regarding environmental issues. Proposed here instead is that more impactful possibilities for environmental bargaining exist under state Work Health and Safety (WHS) laws. In this respect, the article engages with some of the latest legal developments within the field of WHS that may enable environmental bargaining on the terms recommended by the environmental labour studies literature. It nevertheless acknowledges that such proposals may generate additional regulatory and resource burdens on regulators and workers alike. Accordingly, it concludes by canvasing a range of alternative regulatory arrangements rendering environmental bargaining more fair and effective.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"65 1","pages":"297 - 320"},"PeriodicalIF":2.3,"publicationDate":"2023-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44616350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-06DOI: 10.1177/00221856231166553
Sue Williamson, L. Colley
Western governments have used regulation to progress gender equality for workforces in both the private and public sectors, yet gender equality has not yet been achieved. While governments have used various regulatory forms, Dickens (1999) argued that a tripod of collective bargaining, legislation and human resource policy would progress gender equality. Little consideration has been given to how these elements of the tripod fit together. We apply Dickens’ tripod to examine the regulation of gender equality in one Australian public sector. We use institutional analysis, drawing on historical and current documents, legislation, collective bargaining frameworks and human resource policy to examine how the regulatory tripod interlocks, and whether renewed commitments to public sector gender equality can be achieved in the current regulatory environment. We identify regulatory incongruence within the Australian public service and argue for improved congruence to progress gender equality, although we also note that congruence on its own does not lead to better outcomes. We identify that the legs of the tripod are not mutually reinforcing and that all legs need to be supported by better implementation. We extend Dicken's tripod to provide a new path to progress public sector workplace gender equality, enriching both theory and practice.
{"title":"Regulating for gender equality in the Australian Public Service: Extending Dickens’ tripod of regulation","authors":"Sue Williamson, L. Colley","doi":"10.1177/00221856231166553","DOIUrl":"https://doi.org/10.1177/00221856231166553","url":null,"abstract":"Western governments have used regulation to progress gender equality for workforces in both the private and public sectors, yet gender equality has not yet been achieved. While governments have used various regulatory forms, Dickens (1999) argued that a tripod of collective bargaining, legislation and human resource policy would progress gender equality. Little consideration has been given to how these elements of the tripod fit together. We apply Dickens’ tripod to examine the regulation of gender equality in one Australian public sector. We use institutional analysis, drawing on historical and current documents, legislation, collective bargaining frameworks and human resource policy to examine how the regulatory tripod interlocks, and whether renewed commitments to public sector gender equality can be achieved in the current regulatory environment. We identify regulatory incongruence within the Australian public service and argue for improved congruence to progress gender equality, although we also note that congruence on its own does not lead to better outcomes. We identify that the legs of the tripod are not mutually reinforcing and that all legs need to be supported by better implementation. We extend Dicken's tripod to provide a new path to progress public sector workplace gender equality, enriching both theory and practice.","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"65 1","pages":"274 - 296"},"PeriodicalIF":2.3,"publicationDate":"2023-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43240320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-01DOI: 10.1177/00221856231164000
Michael O'Donnell
{"title":"John Michael O’Brien Obituary","authors":"Michael O'Donnell","doi":"10.1177/00221856231164000","DOIUrl":"https://doi.org/10.1177/00221856231164000","url":null,"abstract":"","PeriodicalId":47100,"journal":{"name":"Journal of Industrial Relations","volume":"292 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135464407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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