Corby, Susan ORCID: https://orcid.org/0000-0002-7702-3425 (2022) Adjudicatory institutions for individual employment disputes: formation, development and effectiveness. The International Journal of Comparative Labour Law and Industrial Relations, 38 (1). pp. 1-30. ISSN 0952-617X

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Abstract

This article focuses on first instance discrete adjudicatory institutions for the determination of individual employment disputes, generically known as labour courts, in seven countries: France, Germany, Great Britain, Ireland, Japan, New Zealand and Sweden. First, it traces their formation and subsequent development, applying Thelen’s fourfold typology of displacement, conversion, layering and drift. Sometimes, this typology is appropriate: French and Swedish labour courts have drifted, and in Germany there was displacement after World War 1. Sometimes, however, the typology, is inappropriate. In Ireland, there has been amalgamation and in New Zealand there was displacement and then adaptation. It next seeks to understand which of the seven institutions performs the most effectively, examining several criteria including the legitimacy of the labour court, speed, accessibility, cost, informality, and the propagation of legal norms. It finds that comparisons are limited because adjudicatory institutions need to be judged in their specific national context. Moreover, effectiveness depends on the criterion that is adopted: an institution that scores highly on one criterion does not necessarily do so on another. Despite these limitations, comparisons can be useful to practitioners and academics and Germany’s labour court scores highly on many of the criteria used.

Item Type:	Article
Uncontrolled Keywords:	labour court; judges; adjudication; lay judges; employment disputes; mediation; path dependency; effectiveness; legitimacy; norms
Subjects:	H Social Sciences > HD Industries. Land use. Labor > HD28 Management. Industrial Management K Law > KD England and Wales
Faculty / School / Research Centre / Research Group:	Faculty of Business Faculty of Business > Centre for Work and Employment Research (CREW) Faculty of Business > Centre for Work and Employment Research (CREW) > Work & Employment Research Unit (WERU) Faculty of Business > Department of Human Resources & Organisational Behaviour
Last Modified:	03 May 2022 08:34
URI:	http://gala.gre.ac.uk/id/eprint/35996

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