[Abstract]: This study identifies statistically significant associations between unfair dismissal arbitration decisions and inherent characteristics pertaining to the unfair dismissal claims. The inherent characteristics examined are the industry sector in which the employee worked, the occupational skill level of the employee’s position, size of the business, presence of human resource expertise within the business, the reason for dismissal, and the genders of both the employee and arbitrator. This research contributes to the body of knowledge on grievance activity within the workplace. It focuses specifically on arbitrated grievances and as such, AIRC unfair dismissal decisions are investigated as an exemplar of arbitrated grievance activity. This study is within an Australian context which may limit its world-wide generalisability but its strength is that it addresses across industry and across occupational data.Empirical analysis is undertaken using data collected from unfair dismissal arbitration decisions made by the AIRC during 2004 and 2005. Three hundred and eighty-four (384) cases are analysed, with 34.4% of the arbitration findings occurring in the grievant’s favour and 65.6% in the employer’s favour. It is noted that this figure is inflated in the employer’s favour because it includes cases lodged and later rejected by the commission for jurisdictional reasons. The split counting the 274 within jurisdiction cases is 51.8% in the employer’s favour and 48.2% in the grievant’s favour. The results of chi-square tests indicate that six characteristics have statistically significant association with the arbitration outcome. These characteristics are: occupational skill level of the grievant; the size of the business; the presence of HR expertise; the reason dismissed; the grievant’s gender; and the arbitrator’s gender. No association was found between the industry sector and arbitration decision, although there is a significant association between industry sector and jurisdictionally rejected claims.The collective finding of the hypotheses tests suggests that the type of aggrieved employee associated with a favourable arbitration outcome is one from an organisation of between 50 and 100 employees without an HR expert, working in a lower skilled occupation, having been made redundant, is female and appears before a male arbitrator. Whereas, the type of employer associated with a favourable arbitration outcome is one who has either up to 50 staff, or over 200 staff with an HR expert, who dismissed a male employee working in a higher skilled occupation for serious misconduct with the case before a female arbitrator.A major policy implication of this research relates to the Rudd government’s proposed legislative reforms of the unfair dismissal provisions. This study identifies disadvantaged groups of workers when it comes to dismissal practices of employers, namely employees from businesses of 50 to 100 workers and lower skilled workers. Identified also was the need for training for businesses to enable them to engage in procedurally fair redundancy processes and for gender bias awareness for arbitrators. In terms of further research, this study provides the foundation for predictive statistical analysis. The variables suitable for further analysis are occupational skill level, business size, reason for dismissal and gender in relation to their influence on the arbitration outcome. Additional descriptive research could also be conducted in terms of conducting international comparatives with a view to identifying the outputs that different legislation/arbitration frameworks produce for workers and employers.

Thesis (doctoral)--Universität Freiburg in der Schweiz.

Thesis (doctoral)--Universität Zürich.

Thesis (doctoral) - Albert-Ludwigs-Universität, Freiburg im Breisgau. / Includes bibliographical references (p. 275-300).

Article 102 TFEU has been criticised in the past for being too formalistic and lacking in economic analysis. If these comments are true when considering traditional manufacturing industries, then these criticisms are of even more importance when dealing with the high technology markets for it is these markets the determine the future prosperity of Europe. High technology markets are characterised by rapid innovation, a reliance on intellectual property rights and are seen by many as being prone to market failure as a result off inefficient lock-in arising through the economic theory of network effects. As such it is questionable whether traditional means of applying European competition law are suitable in their application to the high technology markets. Tech giants such as Microsoft, Google, Apple and Intel have found themselves in the European Commission's crosshairs. More recently the European Parliament has voted in favour of breaking up Google in response to its alleged anticompetitive conduct. The case against Microsoft and more recently the Commission's investigation into Google provide an ideal starting point upon which to judge whether European competition law, as it is currently interpreted, is suited to deal with the high technology markets. Have the authorities' decisions made any real impact on the way the market operates? Have consumers benefited from their decisions? If the answers to these questions are no, it raises the further questions: what other tools are available when attempting to deal with competition issues within the high technology sectors? The technology sectors present competition law with a unique set of challenges and, with this in mind, the authorities may need to be careful when applying principles that were originally applied to markets that exhibited more 'traditional' economic characteristics.

The thesis examines the nature and extent of protection available to "whistleblowers", employees who disclose to outside bodies wrongdoing or malpractice at work. It begins with a consideration of the philosophical basis for providing protection for such employees. The legal rights of the whistleblowing employee in English law are then considered. In chapter three case law on the duty of confidence is examined and conclusions drawn on its application to employees dismissed for blowing the whistle, with particular reference to whether disclosure of information involves a breach of the employment contract. The general law on unfair dismissal is examined in chapter four to determine the extent to which an employee can claim that a dismissal for raising a concern is unfair. Protection for whistleblowing on specific issues such as race or sex discrimination, and health and safety issues is considered in chapter five. International standards governing the protection of the right to freedom of expression, in particular Article 10 of the European Convention on Human Rights, are examined in chapter six. Chapter seven comprises a comparative study of the protection available to employees who blow the whistle in the USA, where protection exists for whistleblowers both at a constitutional level and in specific legislation. A case study is included in chapter eight in which the position of employees in the National Health Service is examined in detail, with regard to their contractual position and the practical difficulties faced by those who wish to raise concerns about matters at work. A fundamental distinction drawn throughout the thesis is between two types of whistleblowing: "watchdog" whistleblowing, referring the raising of concerns about immediate threats to health and safety or of serious financial loss; and "protest" whistleblowing, referring to the participation of employees in debate on matters that are in the public interest, using specialist informztion gained from their employment. The recognition of these two forms of whistleblowing aids the analysis of the limitations of the legal protection as well as proving useful in the determining the scope of proposed reform. The argument is made that the protection currently available is inadequate and the thesis ends with proposals for legal reform.

This thesis examines the impact of individual employment protection legislation on the employment relationship in the hotel and catering industry (HeI), exactly the type of industry whose workers the employment law was intended to protect. It begins \\-ith a review of the potential effects of employment legislation on the employment relationship. It then analyses and evaluates the practical effects of individual employment legislation in hotels and catering from relevant case law. and the workings of the Industrial Tribunal system, identifying that unfair dismissal is the most important aspect. In order to ask to what extent dismissal law constrains the managerial prerogative, in the light of recent socio-economic and legal changes, employer experience of, and attitudes to existing employment rights and the Industrial Tribunal system are assessed. This is achieved by means of a postal questionnaire to employers in the industry. This is then augmented by follow-up semi-structured interviews with the employers. The legislation was found to have more effect on employer behaviour than is apparent prima facie. The ways in which many employers seek to circumvent the provisions of the law provides evidence of this. The high rate of dismissal in the industry shows, however, that employers are not constrained from using dismissal. Rather, the manner of making dismissals is more formalised due to the threat of tribunal actions. The actual incidence of dismissal could well be far higher since it appeared that some employers did not regard the termination of employment of an employee without the service qualitication as a dismissal. Tribunal actions themselves are quite uncommon, given the high incidence of dismissal. The low success rate for employers at tribunals, and the acknowledgement by employers that procedural requirements were often not met during disciplinary matters, suggests that arbitrary management practice is still widespread.

Thesis (doctoral)--Universität Göttingen.

Thesis (doctoral)--Universität Breslau, (1928?). / Includes bibliographical references (p. [5-7]).

Habilitationsschrift--Heidelberg.