LSN: Employment Statutes (Topic)最新文献_第2页

Employment Equity and Canada's Aboriginal Peoples 就业公平与加拿大原住民

LSN: Employment Statutes (Topic) Pub Date : 2012-12-17 DOI: 10.2139/ssrn.2190448

S. Lynk

{"title":"Employment Equity and Canada's Aboriginal Peoples","authors":"S. Lynk","doi":"10.2139/ssrn.2190448","DOIUrl":"https://doi.org/10.2139/ssrn.2190448","url":null,"abstract":"Aboriginal Canadians – First Nations peoples, Inuit and Metis – are the most disadvantaged social group in Canada, with significant gaps in their health, education and living standards compared to other Canadians. A 2010 social development index created by the federal government reported that, of the bottom 100 Canadian communities on the index, 96 were First Nations and one was Inuit; only one First Nation community ranked among the top 100 Canadian communities. These social disadvantages are reflected in the Canadian labour market: while the Aboriginal presence in the workplace has steadily improved during the past thirty years, there remain substantial differences in employment rates, job training, advancement to higher-responsibility positions and wage earnings that will not be closed any time soon. A meaningful legislative tool in the federal government’s hands is the Employment Equity Act, enacted in 1986 following the 1984 recommendations of the Commission on Equity in Employment (the “Abella Report”), and revised a decade later. There have been some remarkable employment equity gains for Aboriginal peoples over the past 25 years, but these gains have been too modest and incremental to qualitatively transform their labour force standing, let alone significantly close the social gaps separating them from the rest of the Canadian population. This essay attempts to measure the efficacy of employment equity over the past quarter-century on the working lives of Aboriginals in Canada, set against the landscape of their social well-being.","PeriodicalId":431496,"journal":{"name":"LSN: Employment Statutes (Topic)","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133661464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Integrative Employment and Social Security Rights 综合就业和社会保障权利

LSN: Employment Statutes (Topic) Pub Date : 2012-12-14 DOI: 10.2139/ssrn.2189352

Lilach Lurie

引用次数: 0

The Pro-Employee Bent of the Roberts Court 罗伯茨法院的亲雇员倾向

LSN: Employment Statutes (Topic) Pub Date : 2012-03-22 DOI: 10.2139/ssrn.2027557

L. D. Taylor

{"title":"The Pro-Employee Bent of the Roberts Court","authors":"L. D. Taylor","doi":"10.2139/ssrn.2027557","DOIUrl":"https://doi.org/10.2139/ssrn.2027557","url":null,"abstract":"A surprising yet documentable trend may be emerging from recent United States Supreme Court decisions – a trend favoring the rights of individual employees in cases requiring interpretation of federal employment statutes. Though marquee employment-context cases like Wal-Mart Stores, Inc. v. Dukes may be touted as exemplifying the pro-business tendencies of the Roberts Court, a closer and more comprehensive look suggests that the Court does not favor business interests at all, at least in the workplace. Indeed, the relative dark-horses of the Court’s last Term suggest the opposite – all three of the Court’s most recent decisions interpreting federal employment statutes expanded the rights of individual workers. And, perhaps more importantly, they did so in ways that reflect novel approaches to statutory interpretation, even sometimes casting aside otherwise well-established principles. Is the decisional trend reflected in these employment-law dark-horses mere happenstance? Or is it evidence of a more deeply-seated trend, a tendency to interpret federal employment statutes in ways that favor individual rights? This Article adopts the latter explanation, and breaks new ground in exposing for the first time the possibility of a pro-employee bent on the Roberts Court. It reveals this bent through a thorough exposition of the Court’s most recent cases interpreting employment statutes, then bolsters that theory with a retrospective examination of all such decisions rendered since Justice Roberts took the oath as Chief Justice in 2005. While outliers and exceptions certainly exist, this survey reveals the possibility of a pro-employee bent on the Roberts Court that is not only present, but indeed is well entrenched. Having exposed this trend, this Article then offers some ideas about the potential implications and predictive value of it.","PeriodicalId":431496,"journal":{"name":"LSN: Employment Statutes (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129079352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Analysing the Onus Issue in Dismissals Emanating from the Enforcement of Unilateral Changes to Conditions of Employment 分析因强制执行单方面改变雇佣条件而产生的解雇责任问题

LSN: Employment Statutes (Topic) Pub Date : 2011-12-14 DOI: 10.4314/PELJ.V14I7.6

R. Ismail, I. Tshoose

{"title":"Analysing the Onus Issue in Dismissals Emanating from the Enforcement of Unilateral Changes to Conditions of Employment","authors":"R. Ismail, I. Tshoose","doi":"10.4314/PELJ.V14I7.6","DOIUrl":"https://doi.org/10.4314/PELJ.V14I7.6","url":null,"abstract":"The main objective of this article is to analyse the issue of onus emanating from the enforcement of unilateral changes to conditions of employment. At the heart of the controversy that has faced the Labour Appeal Court was how to interpret dismissals that appear to be based on operational requirements, and yet at the same time, such dismissals also appear to have the effect of compelling an employee to accept a demand in respect of a matter of mutual interest between the employer and the employee. The core section in the Labour Relations Act 66 of 1995 relating to disputes of this nature is section 187(1)(c) of the Act, and the central enquiry to such disputes is whether they are automatically unfair or operationally justifiable. The fine line that determines whether a dismissal is acceptable or not merits an analysis of the overall onus that faces an employer and employee. This analysis is the focus of the article, which deals predominantly with procedural issues. The issue relating to the promotion of collective bargaining will be assessed against the right to dismiss, based on an analysis of the situation in South Africa, and a brief comparison with the situations in the United Kingdom and Canada. Thereafter, recommendations are made to the South African legislature. KEYWORDS: Employee; onus; dismissals; unilateral; changes; conditions; employment","PeriodicalId":431496,"journal":{"name":"LSN: Employment Statutes (Topic)","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124783342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pension Risk, Governance and CFO Liability 养老金风险、治理与CFO负债

LSN: Employment Statutes (Topic) Pub Date : 2011-12-06 DOI: 10.2139/ssrn.2015879

Susan M. Mangiero

引用次数: 1

CON Job 监狱工作

LSN: Employment Statutes (Topic) Pub Date : 2011-07-07 DOI: 10.2307/j.ctvd7w7s1.20

Timothy Sandefur

引用次数: 0

Legislative Proposals to Address the Negative Consequences of the Dodd-Frank Whistleblower Provisions: Written Testimony Submitted to the U.S. House Committee on Financial Services, Subcommittee on Capital Markets and Government Sponsored Enterprises 解决多德-弗兰克举报人条款负面影响的立法建议:提交给美国众议院金融服务委员会、资本市场和政府资助企业小组委员会的书面证词

LSN: Employment Statutes (Topic) Pub Date : 2011-05-11 DOI: 10.2139/SSRN.1844586

G. Rapp

引用次数: 2

The Hierarchy of Differing Behavioural Standards in Labour Law: A Case for Limited Re-Alignment? 劳动法中不同行为标准的等级制度:有限重新调整的案例?

LSN: Employment Statutes (Topic) Pub Date : 2009-03-31 DOI: 10.2139/ssrn.1371148

D. Cabrelli

{"title":"The Hierarchy of Differing Behavioural Standards in Labour Law: A Case for Limited Re-Alignment?","authors":"D. Cabrelli","doi":"10.2139/ssrn.1371148","DOIUrl":"https://doi.org/10.2139/ssrn.1371148","url":null,"abstract":"This paper pursues a line of enquiry regarding employment laws which promulgate standards (rather than rules), the legitimacy of which are premised on the need to scrutinise managerial autonomy pursuant to a norm-setting, rather than norm-reflecting agenda. Insights will be offered in relation to the expectations about the exercise of the managerial prerogative which the law transmits through such standards. The argument is advanced that a by-product of the common law and statutory policy initiatives lying at the heart of the regulation of managerial autonomy has been the emergence of differing behavioural standards in the employment relationship. In order to satisfy the common law and statutory obligations which it owes towards its employees, employers are expected to discharge a variety of standards of conduct and review. These differing standards can be grouped into a hierarchy, exploring how they function at higher or lower levels of managerial scrutiny. The paper proceeds to explore the rationales for the promulgation of such differing behavioural standards in different decision-making contexts. The paper goes on to analyse whether such differing standards are justifiable from a formalistic and doctrinal perspective and considers the desirability of a package of reform consisting of the re-alignment of standards in order to reflect fundamental values underpinning the employment relationship.","PeriodicalId":431496,"journal":{"name":"LSN: Employment Statutes (Topic)","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124215469","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

In Search of a Balance: Flexibility and Security Strategies in Employment Protection Legislation, Temporary Work and Part-Time Work 寻求平衡:就业保护立法、临时工作和兼职工作中的灵活性和安全策略

LSN: Employment Statutes (Topic) Pub Date : 2005-08-01 DOI: 10.2139/ssrn.1133939

M. van Velzen, T. Wilthagen

引用次数: 0

Arbitrator Behavior in Public Sector Wage Disputes 公共部门工资纠纷中的仲裁员行为

LSN: Employment Statutes (Topic) Pub Date : 1987-08-01 DOI: 10.7208/9780226261836-006

D. Bloom

引用次数: 4