Download or read book A Purposive Approach to Labour Law written by Guy Davidov and published by Oxford University Press. This book was released on 2016-05-05 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples of the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.

Download or read book Rediscovering Collective Bargaining written by William Breen Creighton and published by Routledge. This book was released on 2012 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines countries that have tried, with varying degrees of success, to use legislative strategies to encourage and support collective bargaining, including Australia’s Fair Work Act. It is the first major study of the operation and impact of the new collective bargaining framework introduced under the Fair Work Act, combining theoretical and practical perspectives. In addition, a number of comparative pieces provide rich insights into the Australian legislation’s adaptation of concepts from overseas collective bargaining systems – including good faith bargaining, and majority employee support as the basis for establishing bargaining rights. Contributors to this volume are all leading labor law, industrial relations, and human resource management scholars from Australia, and from Britain, Canada, New Zealand and the United States.

Download or read book Closing the Enforcement Gap written by Leah F. Vosko and published by University of Toronto Press. This book was released on 2020-03-03 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This manuscript explores the enforcement of employment standards, using a mixed-methods approach to examine Ontario as a case study. Drawing on interviews with workers, community advocates, and enforcement officials as well as new archival research, the manuscript demonstrates that enforcement of the province's Employment Standards Act fails too many workers. In the second part of the manuscript, scholars from the US, UK, Australia, and Quebec present "views from elsewhere" to compare and contrast their cases with that of Ontario, drawing out a widespread "enforcement gap" that pervades nearly all aspects of employment standards. In the end, the manuscript surveys innovative enforcement models that are emerging in a number of jurisdictions and sets out a new vision for the enforcement of employment standards."--

Download or read book Employment Equity in Canada written by Carol Agócs and published by University of Toronto Press. This book was released on 2014-01-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-1980s, the Abella Commission on Equality in Employment and the federal Employment Equity Act made Canada a policy leader in addressing systemic discrimination in the workplace. More than twenty-five years later, Employment Equity in Canada assembles a distinguished group of experts to examine the state of employment equity in Canada today. Examining the evidence of nearly thirty years, the contributors – both scholars and practitioners of employment policy – evaluate the history and influence of the Abella Report, the impact of Canada's employment equity legislation on equality in the workplace, and the future of substantive equality in an environment where the Canadian government is increasingly hostile to intervention in the workplace. They compare Canada's legal and policy choices to those of the United States and to the UN Convention on the Rights of Persons with Disabilities, and examine ways in which the concept of employment equity might be expanded to embrace other vulnerable communities. Their observations will be essential reading for those seeking to understand the past, present, and future of Canadian employment and equity policy.

Download or read book Voices at Work written by Alan Bogg and published by OUP Oxford. This book was released on 2014-04-03 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Finding What Works in Health Care written by Institute of Medicine and published by National Academies Press. This book was released on 2011-07-20 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Healthcare decision makers in search of reliable information that compares health interventions increasingly turn to systematic reviews for the best summary of the evidence. Systematic reviews identify, select, assess, and synthesize the findings of similar but separate studies, and can help clarify what is known and not known about the potential benefits and harms of drugs, devices, and other healthcare services. Systematic reviews can be helpful for clinicians who want to integrate research findings into their daily practices, for patients to make well-informed choices about their own care, for professional medical societies and other organizations that develop clinical practice guidelines. Too often systematic reviews are of uncertain or poor quality. There are no universally accepted standards for developing systematic reviews leading to variability in how conflicts of interest and biases are handled, how evidence is appraised, and the overall scientific rigor of the process. In Finding What Works in Health Care the Institute of Medicine (IOM) recommends 21 standards for developing high-quality systematic reviews of comparative effectiveness research. The standards address the entire systematic review process from the initial steps of formulating the topic and building the review team to producing a detailed final report that synthesizes what the evidence shows and where knowledge gaps remain. Finding What Works in Health Care also proposes a framework for improving the quality of the science underpinning systematic reviews. This book will serve as a vital resource for both sponsors and producers of systematic reviews of comparative effectiveness research.

Download or read book Disability Politics and Theory Revised and Expanded Edition written by A.J. Withers and published by Fernwood Publishing. This book was released on 2024-05-09T00:00:00Z with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disability Politics and Theory, a historical exploration of the concept of disability, covers the late nineteenth century to the present, introducing the main models of disability theory and politics: eugenics, medicalization, rehabilitation, charity, rights and social and disability justice. A.J. Withers examines when, how and why new categories of disability are created and describes how capitalism benefits from and enforces disabled people’s oppression. Critiquing the currently dominant social model of disability, this book offers an alternative. The radical framework Withers puts forward draws from schools of radical thought, particularly feminism and critical race theory, to emphasize the role of interlocking oppressions in the marginalization of disabled people and the importance of addressing disability both independently and in conjunction with other oppressions. Intertwining theoretical and historical analysis with personal experience, this book is a poignant portrayal of disabled people in Canada and the U.S. — and a call for social and economic justice. This revised and expanded edition includes a new chapter on the rehabilitation model, expands the discussion of eugenics, and adds the context of the growth of the disability justice movement, Black Lives Matter, calls for defunding the police, decolonial and Indigenous land protection struggles, and the COVID-19 pandemic.

Download or read book The Oxford Handbook of the Law of Work written by and published by Oxford University Press. This book was released on 2024-08-15 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.

Download or read book Re Imagining Labour Law for Development written by Diamond Ashiagbor and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to explore labour law's conceptual and normative narrative. If labour law is informed by the wider political and economic landscape within which it operates, then given the declining prevalence of the post-war model of full employment within a formal welfare state regime, what shape does or should labour law assume in response to the transformation of the political economy in countries of the global North? Correspondingly, what is the proper role to be played by labour law and labour relations institutions in the development process within industrialising countries of the global South, where informal employment has long been, and remains, the predominant form? Drawing on the expertise of leading labour law scholars, this collection addresses those questions by examining the growth and continued prevalence of informality. Offering research that is both empirically grounded and doctrinally astute, the book explores the changing character of labour law in the global North and South.

Download or read book Bureaucratic Manoeuvres written by John Grundy and published by University of Toronto Press. This book was released on 2019-03-14 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Bureaucratic Manoeuvres, John Grundy examines profound transformations in the governance of unemployment in Canada. While policy makers previously approached unemployment as a social and economic problem to be addressed through macroeconomic policies, recent labour market policy reforms have placed much more emphasis on the supposedly deficient employability of the unemployed themselves, a troubling shift that deserves close, critical attention. Tracing a behind-the-scenes history of public employment services in Canada, Bureaucratic Manoeuvres shows just how difficult it has been for administrators and frontline staff to govern unemployment as a problem of individual employability. Drawing on untapped government records, it sheds much-needed light on internal bureaucratic struggles over the direction of labour market policy in Canada and makes a key contribution to Canadian political science, economics, public administration, and sociology.

Download or read book Closing the Enforcement Gap written by Leah Faith Vosko and published by University of Toronto Press. This book was released on 2020-02-24 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature of employment is changing: low wage jobs are increasingly common, fewer workers belong to unions, and workplaces are being transformed through the growth of contracting-out, franchising, and extended supply chains. Closing the Enforcement Gap offers a comprehensive analysis of the enforcement of employment standards in Ontario. Adopting mixed methods, this work includes qualitative research involving in-depth interviews with workers, community advocates, and enforcement officials; extensive archival research excavating decades of ministerial records; and analysis of a previously untapped source of administrative data collected by Ontario’s Ministry of Labour. The authors reveal and trace the roots of a deepening "enforcement gap" that pervades nearly all aspects of the regime, demonstrating that the province’s Employment Standards Act (ESA) fails too many workers who rely on the floor of minimum conditions it was devised to provide. Arguably, there is nothing inevitable about the enforcement gap in Ontario or for that matter elsewhere. Through contributions from leading employment standards enforcement scholars in the US, the UK, and Australia, as well as Quebec, Closing the Enforcement Gap surveys innovative enforcement models that are emerging in a variety of jurisdictions and sets out a bold vision for strengthening employment standards enforcement. Closing the Enforcement Gap Research Group Leah F. Vosko Guliz Akkaymak Rebecca Casey Shelley Condratto John Grundy Alan Hall Alice Hoe Kiran Mirchandani Andrea M. Noack Urvashi Soni-Sinha Mercedes Steedman Mark P. Thomas Eric M. Tucker International/Quebec Contributors Nick Clark Dalia Gesualdi-Fecteau Tess Hardy John Howe Guylaine Vallée David Weil

Download or read book Locating Law 3rd Edition written by Elizabeth Comack and published by Fernwood Publishing. This book was released on 2020-05-27T00:00:00Z with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for the second edition: “This book is the best available for teaching the role of law in society and making sense of how it operates within the (inter)connections of race, class and gender dynamics often perpetuating oppression. … Locating Law is essential for undergraduate students in justice, sociology and criminology.” – Margot Hurlbert, University of Regina “Students regularly tell me that Locating Law is their favourite book out of the selections for the Law and Society course. The case studies are sufficiently different from one another that the students deepen their general knowledge, and they appreciate the fact that the chapters are written in a style they can understand.” – Jennifer Jarman, Lakehead University A primary concern within the study of law has been to understand the “law-society” relation. Underlying this concern is the belief that law has a distinctly social basis; it both shapes — and is shaped by — the society in which it operates. This book explores the law-society relation by locating law within the nexus of race/class/gender/sexuality relations in society. In addition to updating the material in the theoretical and substantive chapters, this third edition of Locating Law includes three new contributions: sentencing law and Aboriginal peoples; corporations and the law; and obscenity and indecency legislation. The analyses offered in the book are sure to generate discussion and debate and, in the process, enhance our understanding of law’s location.

Download or read book Edelman and Kudzma s Canadian Health Promotion Throughout the Life Span E Book written by Shannon Dames and published by Elsevier Health Sciences. This book was released on 2020-07-23 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Learn the ins and outs of health promotion and disease prevention in Canada with Edelman and Kudzma's Canadian Health Promotion Throughout the Life Span. This all-new, comprehensive text grounds you in the Canadian health objectives for promotion and prevention which aims to improve the health of the entire population and to reduce health inequities among population groups. Among the text's chapters you'll find extensive coverage of growth and development throughout the life span — including coverage of the normal aspects, the unique problems, and the health promotion needs that are found in each age and stage of development. Separate chapters discuss each population group — the individual, the family, and the community — and highlight the unique aspects of caring for each of these groups. In all, this comprehensive and culturally relevant text provides all the tools needed to stay up on the latest research and topics in Canadian health promotion.

Download or read book The Right to Privacy in Employment written by Marta Otto and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.

Download or read book Liability of the Crown written by Peter W. Hogg and published by Thomson Carswell. This book was released on 2011 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: "With government having assumed an important role in most areas of economic and social life, issues relating to potential legal liability for wrongful or negligent activity have taken on increasing importance. When things go wrong, whether it involves matters as diverse as problems with the blood supply, with unsafe drinking water, or the failure of a major financial institution, those who suffer loss inevitably look to whether their losses can be traced back to government or regulatory failure.

Download or read book Implementing Trauma and Violence Informed Care written by C. Nadine Wathen and published by University of Toronto Press. This book was released on 2023-06-26 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need for health and social services to be trauma- and violence-informed has never been so pressing. In the wake of COVID-19, racial violence intensified and violence against women spiked globally. Mental health for many is worsening, while the ongoing toxic drug overdose crisis provides horrendous evidence of the impact of trauma, violence, stigma, and social inequities. Service providers across sectors are increasingly impacted by these dynamics and, without supportive environments, are burning out. Implementing Trauma- and Violence-Informed Care aims to support health and social service organizations and providers to create environments, policies, and practices to mitigate the harms of structural and interpersonal violence and the trauma that ensues. The book is organized around case examples of trauma- and violence-informed care (TVIC) implementation and impact in diverse settings, providing how-to guidance for getting started, sustaining momentum, and assessing outcomes. The book describes the importance of TVIC at multiple levels, from individual practices to organizational protocols and system-level policies, emphasizing TVIC’s alignment with system transformation goals. In doing so, the book presents TVIC as a call to action to improve service user experiences and outcomes, efficient and effective use of resources, and the health and well-being of staff, while addressing and reducing health and social inequities.

Download or read book An Integrated Framework for Assessing the Value of Community Based Prevention written by Institute of Medicine and published by National Academies Press. This book was released on 2012-12-29 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past century the major causes of morbidity and mortality in the United States have shifted from those related to communicable diseases to those due to chronic diseases. Just as the major causes of morbidity and mortality have changed, so too has the understanding of health and what makes people healthy or ill. Research has documented the importance of the social determinants of health (for example, socioeconomic status and education) that affect health directly as well as through their impact on other health determinants such as risk factors. Targeting interventions toward the conditions associated with today's challenges to living a healthy life requires an increased emphasis on the factors that affect the current cause of morbidity and mortality, factors such as the social determinants of health. Many community-based prevention interventions target such conditions. Community-based prevention interventions offer three distinct strengths. First, because the intervention is implemented population-wide it is inclusive and not dependent on access to a health care system. Second, by directing strategies at an entire population an intervention can reach individuals at all levels of risk. And finally, some lifestyle and behavioral risk factors are shaped by conditions not under an individual's control. For example, encouraging an individual to eat healthy food when none is accessible undermines the potential for successful behavioral change. Community-based prevention interventions can be designed to affect environmental and social conditions that are out of the reach of clinical services. Four foundations - the California Endowment, the de Beaumont Foundation, the W.K. Kellogg Foundation, and the Robert Wood Johnson Foundation - asked the Institute of Medicine to convene an expert committee to develop a framework for assessing the value of community-based, non-clinical prevention policies and wellness strategies, especially those targeting the prevention of long-term, chronic diseases. The charge to the committee was to define community-based, non-clinical prevention policy and wellness strategies; define the value for community-based, non-clinical prevention policies and wellness strategies; and analyze current frameworks used to assess the value of community-based, non-clinical prevention policies and wellness strategies, including the methodologies and measures used and the short- and long-term impacts of such prevention policy and wellness strategies on health care spending and public health. An Integrated Framework for Assessing the Value of Community-Based Prevention summarizes the committee's findings.