New Zealand Journal of Industrial Relations Online - In the Latest NZJIR

Volume 25 Number 3

October 2000

Globalisation and International Trade Unions: "The Working Men Have No Country"
(Winning Essay - 1999 Industrial Relations Student Research Paper Competition)
Trent D. Sebbens

This paper compares the role of international trade unions to those of multi-national corporations, the state and labour institutions in the globalised environment, at national, industry and workplace levels. It draws on Australasian, European and north American evidence to illustrate the barriers to international solidarity.

Shifting Power and Control in English Football
John OLeary and Andréw Caiger

Messers O'Leary and Caiger explore the effects of the Jean-Marc Brosman case, which challenged the transfer rules of the football authorities. Brosman's success in the European Court of Justice rendered the Belgian transfer system illegal in the European Union, with respect to European nationals. The paper explores the employment status of professional football players and the impact of the case on the re-negotiating and termination of the employment relationship. The authors' use Brosman to signify a shift from the traditional model where the clubs had power to one where the players have more control.

LEGAL FORUM:

Sexual Harassment Case Law under th Employment Contracts Act 1991
Michael Keith

This paper examines the case law applying to sexual harassment as it developed under the jurisdiction of the ECA 1991. Legal protection against sexual harassment is relatively new and is thus a complex and sensitive area. There is a need to distinguish between acceptable sexual interaction and sexual harassment, where sexual politics are involved. As with all change it takes time for people to adapt to the new realities, which as the case law shows, is that sexual harassment is unacceptable and all parties in the employment relationship must be proactive in eliminating it from the workplace.

RESEARCH NOTES:

Unions & Union Membership in New Zealand: Annual Review for 1999
Aaron crawford, Raymond Harbridge and Pat Walsh

"This paper reports the results of our most recent survey of trade union membership in New Zealand. the survey continues on from our earlier surveys of trade unions under the ECA carried out for the years 1991 to 1998. The data reported herein suggest that several of the trends in trade union membership and structure that we have identified in these earlier surveys persist." This being an ongoing deline in membership numbers.

Adjudication in the Employment Tribunal: Some Facts and Figures on Dismissal for Misconduct
Ian McAndrew

Since the introduction of the ECA 1991 nine years ago, The New Zealand Employment Tribunal has operated as an accessible and functional tribunal providing both mediation and adjudication functions in the settlement of employment disputes. As such this has made it relatively rare among industrial and employment tribunals throughout the world, and a valuable "laboratory" for the study of dispute resolution.
The introduction of the Employment Relations Act 2000 brings an emphasis on preserving the employment relationship and with it an increased reliance on mediation services. However, the tribunal continues to function at full capacity and in the same manner to determine matters formally filed prior to June 30, 2001.
This paper presents recent developments in the Employment Tribunal's decision profile database and confirms a continuing decline in applicant success rates in adjudication, which has persisted since the Tribunal's inception.

Conciliation and Arbitration on the Ropes (again): The Case of Trinidad and Tobago
Raymond Harbridge, Dave Smith and David Wilkinson

The development of conciliation and arbitration systems in Australasia has attracted much scholarly attention over the years, being described as "progressive and reformist" in their outlook. These systems have gradually declined in their popularity in recent years and in New Zealand's case being repealed by the ECA in 1991. This research note reports on the development of a similar system in the British colony of Trinidad and Tobago, tracing the rise and fall of unionisation and collective bargaining.

CHRONICLE:

June 2000 - September 2000
Erling Rasmussen and Joe Beer

A round-up of recent New Zealand industrial relations events in 2000. Some of the most memorable being the 70 hours debate and subsequent passing of the Employment Relations Bill, the Employment Court awarding $1million compensation to a former corrections officer following his employer's failure to react to complaints of health endangering work stress, and a ministerial inquiry into safety and health at Tranz Rail following the deaths of five employees in the previous year. In September the High Court ruled, under the Human Rights Act 1993, that the University of Otago had specified an unlawful retirement age in it's post-1992 employment contracts .