By Susan Corby, Pete Burgess (auth.)
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Extra info for Adjudicating Employment Rights: A Cross-National Approach
In the small proportion of cases where mediation was attempted at ﬁrst-stage appeal level, it was found to be successful in a high proportion of cases and to work most effectively where lawyers did not attend the hearing (Blohorn-Brenneur, 2010). More important has been a reform in 2008 allowing termination by mutual agreement (‘rupture conventionnelle’) rather than through dismissal where there has been direct negotiation between employee and employer and the intervention of the labour inspectorate.
It is, therefore, possible to support the notion of ‘functional equivalence’ without advocating a set of ‘universal’ social needs, but only if the equivalences are conﬁned to the main country groupings. This would still, however, leave the difﬁculty of dealing with hybrid systems. Is it possible, therefore, to look at any detailed features of employment adjudication that might reﬂect such complementarities and/or functions? The argument that NLMs should sit on adjudicative bodies to add expertise might be a candidate, as it implies that, where there is a high demand for employee ‘voice’ and limitations on ‘exit’, characteristic of CMEs, mechanisms might need to be found to inject or accommodate such expertise.
Nevertheless in Great Britain and Ireland, where there are labour courts, some contractual disputes are heard in the civil courts. Also Great Britain’s labour court (employment tribunal) is becoming increasingly similar in terms of procedure to the civil courts (see Corby and Latreille, 2012 for a full discussion). 4). Presence and powers of NLMs We consider here whether there are associations between the presence and powers of NLMs at ﬁrst instance in terms of the three approaches (LOH, VoC, and IR system).
Adjudicating Employment Rights: A Cross-National Approach by Susan Corby, Pete Burgess (auth.)