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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Voices at Work: Continuity and Change in the Common Law World

ISBN13: 9780199683130
Published: April 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £74.00

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This edited collection is the culmination of a comparative project on 'Voices at Work' funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker 'voice' by tracking its evolution and its complex interactions with various forms of law.

Contributors to the volume identify the scope for continuity of legal approaches to voice and the potential for change in a sample of industrialised English speaking common law countries, namely Australia, Canada, New Zealand, UK, and USA.

These countries, facing broadly similar regulatory dilemmas, have often sought to borrow and adapt certain legal mechanisms from one another. The variance in the outcomes of any attempts at 'borrowing' seems to demonstrate that, despite apparent membership of a 'common law' family, there are significant differences between industrial systems and constitutional traditions, thereby casting doubt on the notion that there are definitive legal solutions which can be applied through transplantation. Instead, it seems worth studying the diverse possibilities for worker voice offered in divergent contexts, not only through traditional forms of labour law, but also such disciplines as competition law, human rights law, international law and public law. In this way, the comparative study highlights a rich multiplicity of institutions and locations of worker voice, configured in a variety of ways across the English-speaking common law world.

This book comprises contributions from many leading scholars of labour law, politics and industrial relations drawn from across the jurisdictions, and is therefore an exceedingly comprehensive comparative study. It is addressed to academics, policymakers, legal practitioners, legislative drafters, trade unions and interest groups alike.

Additionally, while offering a critique of existing laws, this book proposes alternative legal tools to promote engagement with a multitude of 'voices' at work and therefore foster the effective deployment of law in industrial relations.

Employment Law
1. Purposes and Techniques of Voice
2. Equality
3. Indigenous Voices at Work
4. A Comparative Perspective on Labour Movements and Migrant Labour: US and UK
5. Low-paid care work, bargaining and employee voice in Australia
6. Half a Person': A Legal Perspective on Organising and Representing 'Non-Standard' Workers

7. Democratic Institutions of Voice
8. How Effective are 'Good Faith' Bargaining Laws? Australian and Canadian Comparisons'
9. Freedom of Association and the Right to Contest: Getting Back to Basics
10. Employee Voice in Corporate Control Transactions
11. It's Oh So Quiet? Employee Voice and the Enforcement of Employment Standards in Australia

12. Worker and Trade Union Voice in the Political Sphere
13. Public Service Voice under Strain in an Era of Restructuring and Austerity
14. Individualisation and the Protection of Worker Voice in Australia
15. Voice and the Employment Contract
16. Common Law and Voice
17. National and International Labour Rights

18. Competition Law Impediments to Collective Bargaining in Australia and the European Union
19. Technology as an Aid and as a Barrier to Collective Labour Relations
20. The Good-Faith Obligation: an effective model for promoting voice?
21. Can Worker Voice Strike Back? Law and the Decline and Uncertain Future of Strikes
22. Regulatory Facilitation of Voice

Capacity for Voice: Individual and Collective