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Judicial regimes for employment rights disputes: comparing Germany, Great Britain and Japan

Judicial regimes for employment rights disputes: comparing Germany, Great Britain and Japan

Corby, Susan ORCID: 0000-0002-7702-3425 and Yamakawa, Ryuichi (2020) Judicial regimes for employment rights disputes: comparing Germany, Great Britain and Japan. Industrial Relations Journal, 51 (5). pp. 374-390. ISSN 0019-8692 (Print), 1468-2338 (Online) (doi:https://doi.org/10.1111/irj.12307)

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Abstract

This article compares the judicial regimes for resolving individual employment rights disputes in Germany, Great Britain and Japan. First, we consider the form of institutional change; second, we examine the lay judge's role; and third, we assess the effectiveness of the three judicial regimes. We find that Japan made the least institutional change, layering a new procedure on top of an existing one. Paradoxically, however, its lay judges have a more extensive role than their counterparts in Germany and Britain, which established new institutions. As to effectiveness, there are several criteria. British labour courts are currently the least informal and speedy, but the cheapest. In both Britain and Germany, legal norms are publicised as adjudicatory hearings are open to the public and judgments are available for public scrutiny, unlike in Japan.

Item Type: Article
Uncontrolled Keywords: employment tribunal, labour court, labour tribunal procedure, industrial relations, Germany, Britain, Japan, judges, lay judges
Subjects: K Law > K Law (General)
Faculty / Department / 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: 22 Sep 2020 13:16
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
Selected for REF2021: None
URI: http://gala.gre.ac.uk/id/eprint/29693

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