Industrial Law Journal - current issue

Obituary

O'Higgins, P. — 2008-05-28

One Step Forward, Two Steps Back? The Viking and Laval Cases in the ECJ

Davies, A. C. L. — 2008-05-28

This article analyses the judgements of the European Court of Justice (ECJ) in Case C-438/05 International Transport Workers’ Federation and Finnish Seamen's Union v Viking Line (Judgement 11 December 2007) and Case C-341/05 Laval v Svenska Byggnadsarbetareförbundet (Judgement 18 December 2007). In these cases, the ECJ held that where industrial action infringes an employer's free movement rights under Article 43 EC (freedom of establishment) and Article 49 EC (freedom to provide services), respectively, these Treaty provisions can have horizontal direct effect against the unions organizing the action. Unions may defend themselves against these claims by asserting a right to strike (which the Court recognized as a fundamental right within Community law) but only where they are acting proportionately in the exercise of that right. The article explores the key elements of the ECJ's decisions on direct effect, fundamental rights and proportionality, and draws out some of the implications of these cases for English law.

Privatization of Wrongful Dismissal Protection in Comparative Perspective

Finkin, M. W. — 2008-05-28

The US Supreme Court has allowed employers to sweep employee claims of violation of most labour protective law into arbitration systems that employers unilaterally establish. The law would not allow employers in the UK, France or Germany to do so. This essay explores how and why that is so in each of these countries. It explains the US exceptionalism by reference to public choice theory, ie, by resort to the economics of judicial shirking.

The 'Right' to Object to Transfer of Employment under TUPE

Mcmullen, J. — 2008-05-28

Protecting Agency Workers: Implied Contract or Legislation?

Brown, E. — 2008-05-28

Towards a Flexible Labour Market: Labour Legislation and Regulation since the 1990s

Brown, W. — 2008-05-28

EU Intervention in Domestic Labour Law

Kenner, J. — 2008-05-28