Re: New Zealand Employment Contracts Act

1997-10-31 Thread Rosenberg, Bill

> 
>  Symposium on the New Zealand Employment Contracts Act

Sounds like this symposium has an all-star cast! 

Just to bring matters to do with the ECA up to date a little. The 
government is now considering effectively abolishing the current 
legislated entitlement to three weeks annual leave, by "allowing" 
workers to exchange some or all of their leave for money. This 
naturally will leave workers with low bargaining power with no 
holidays. A similar proposal may do the same for statutory holidays 
such as Christmas day. These are among a number of options in an 
official options paper leaked by the Alliance Party.

There is also a suggestion that employers be entitled to bargain 
directly with workers, completely bypassing the union. 

Doubtless other similar proposals are in store in a review of labour 
legislation currently being carried out by the government, results to 
be announced officially in the next few weeks.

Bill







New Zealand Employment Contracts Act

1997-10-30 Thread Ellen Dannin <[EMAIL PROTECTED]>


 Symposium on the New Zealand Employment Contracts Act

The California Western International Law Journal is publishing a
special symposium issue that will explore the impact of the New
Zealand Employment Contracts Act of 1991 (ECA) on labor relations
both in New Zealand and abroad. The authors in the symposium
include a wide range of New Zealand employer representatives,
labor leaders, jurists, as well as leading New Zealand academics
in the fields of law, industrial relations, and economics. In
addition several articles by United States and Australian authors
provide an international perspective on the ECA.

The ECA has been the subject of international attention and
controversy. The following are some opinions on the ECA:

"If we pay attention to the experiment known as the ECA, we are
confronted with fundamental questions. How can and should work in
modern society be organised? Why do or should unions exist? How
must and should labour law be drafted?" - Ellen J. Dannin,
Working Free: The Origins and Impact of New Zealand's Employment
Contracts Act

"[The draft ECA] is designed to ensure that New Zealand has an
industrial system that will allow workers to enjoy genuine
increases in living standards and that will increase
productivity. It is designed to take New Zealand away from the
adversarial mentality of the nineteenth century" - National
Minister of Commerce Philip Burdon, Parliamentary Debates on the
ECA

"So, it comes down to what we want as a society. Do we want a
society that has a great spread of incomes so you have very poor
or very wealthy, or do we want a society which treats everybody
with some respect and dignity. And if we want to treat everybody
with some dignity, then I think the state has to intervene on
behalf of those who are less powerful and the most open to
exploitation, the most vulnerable in society." - Service Workers
Union National Secretary Rick Barker, first anniversary of the
ECA

Introduction by Ellen Dannin, California Western School of Law

Contributors:

Gordon Anderson Business School, Victoria University of
Wellington
Anne Boyd   New Zealand Council of Trade Unions
Brian EastonEconomic And Social Trust On New Zealand
Richard Epstein University of Chicago Law School
Maxine Gay  New Zealand Trade Union Federation 
 & Malcolm MacLean  University of Queensland / New Zealand Trade
Union Federation
Clive GilsonDepartment of Strategic Leadership and
Management, University of Waikato
  & Terry Wagar Wilfred Laurier University
Thomas Goddard  New Zealand Employment Court
Raymond Harbridge   Graduate School of Business and Government
Management, Victoria University of Wellington
  & Aaron Crawford  Graduate School of Business and Government
Management, Victoria University of Wellington
John Hughes Department of Law, University of Canterbury
Jane Kelsey Department of Law, University of Auckland
Roger Kerr  New Zealand Business Roundtable
Anne KnowlesNew Zealand Employers' Federation
Andrew Morriss  School of Law and Department of Economics,
Case Western Reserve University
Erling RasmussenDepartment of Management Studies and Labour
Relations, University of Auckland
  & John Deeks  Department of Management Studies and Labour
Relations, University of Auckland
Chester Spell   Department of Strategic Leadership and
Management,University of Waikato
Nick Wailes Department of Industrial Relations,
University of Sydney, Australia

If you would like to order copies of the Symposium issue on the
Employment Contracts Act you may do so by either subscribing to
the Journal or purchasing the single volume.

The California Western Law Review and International Law Journal
are published twice a year by the California Western School of
Law. Annual subscriptions are $20.00 per volume. Foreign
subscriptions are $25.00 (surface mail). Single issues of our
previous volumes are available at the Law Review offices. Please
contact the Review to determine the price for these issues.

Single issues of the current Law Review and International Law
Journal are being offered for $12.00 per volume or $15.00 for
orders outside the U.S.

Please send check to:

California Western Law Review/International Law Journal
California Western School of Law
225 Cedar Street
San Diego, CA  92101

Or contact us directly at (619) 525-1477 or [EMAIL PROTECTED]