Hello Cruel World
Thursday, May 26, 2005
Unintended? Consequences (or Back to property suffrage eventually?)
The new Australian industrial relations regulations take jury duty, among other things, out of awards. With unfair dismissal being encouraged now, does this mean there will be no way for society to legally discourage your employer firing you out of hand for upholding your right, and responsibility, to serve on a jury?
Another example: last year in the USA a Bush-supporting employer fired a long-term worker who wouldn't remove the Kerry-supporting sticker from her own car. Despite disapproval, and our opinion that the US is litigation-mad, I heard no suggestion there was any legal difficulty with it.
"Much of the labour law which ... evolved in the 20th century ... stems from an experience-based perception that the market constraint is not a sufficient protection." -- Keith Hancock, senior deputy president, Australian Industrial Relations Commission (1992-1997)
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