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You’ve seen how the Court in Ozark changed the airline’s height requirement for pilots. In Hollywood Ceramics you saw that the Board was flip-flopping over when to step in and control what went on between unions and employers vis a vis union representation. Courts have gotten into when employers can and can’t discriminate against minorities, when employers can pay men on a night shift more than women on a day shift, whether or not a medical school can reserve openings for minority students, etc., etc., etc. My question for you is this: How much power should the courts have in affecting the relationship between employers and employees? This country was built on the philosophy of Laissez Faire…. leave them alone. Under that philosophy, we built railroads, skyscrapers and a vast industrial economy that has made us the envy of the industrial world. Entrepreneurs were able to get rich or go broke based on their own talent and luck, and workers could choose their professions and become successful by their own hard work. On the other hand, entrepreneurs became fabulously wealthy on the backs on the workers. Miners were routinely killed in dangerous mining conditions so the owners could become even wealthier. There was a case in the 1920’s in which a young boy was required to work late at night cleaning machines. He spilled a little cleaning fluid, and it dripped on a mouse hiding under the machine. The mouse ran under a gas radiator. The flame of the radiator caused the mouse to catch on fire, and it ran under the machine which blew up due to the flammable fluid being used to clean. The boy was killed; The employer hired another boy to take his place. No, I didn’t make that up. Under what circumstances, and to what degree, should the government be able to step in and dictate the relationship between an employer and employee?
Please use a citation
Expert Answer
The duty of the labour court is to find a source for authentic and significant conformity through the stipulation of quick, reasonable, comfortable and economical measures for the arbitration and ruling of employment disagreement.
Labour court has been set up to implement the task given to it by the act. The functions of the court have been revised on numerous occasions and now under the provisions of the act the labour court is the exclusive appellate jurisdiction in all disagreements under service privileges performance
Labour court is not a court of law it functions as an industrial affairs court examining both sides in a case and then issue a suggestion sitting out its judgment on the disagreement and the conditions on which it should be completed.
Suggestions made by the court relating to the examination of disagreements are not obligatory on the concerned parties however they are expected to give serious thought to the court’s suggestions. Eventually accountability for the resolution of a disagreement rests with the parties.
Collective bargaining is a process implemented by unions and management for comprising their contradictory interests. Business accord and get better labour management affairs are the final intention of collective bargaining.
It facilitates in getting rid of and resolution of many small and key disagreements or dissimilarities. Therefore its function in disagreement resolutions is important and noteworthy. It does not entail into unpleasantness involving the parties and pointless expenses.
State involvement in industrial relations is crucial for state welfare, novel thoughts of community values, state financial system and society integrity. The apprehension of state in issues concerning labour is a matter of its responsibility to look after the interest of business society while also promoting economic development.
The state has unspecified authority to standardize labour relations by setting up appropriate rules and regulations for adherence by company and employees and ensure quick settlement of the disagreement relating to employment of workmen by courts.
Appropriate government is authorized to appoint Conciliation Officers with extensive discretional powers to adjudicate and approve a resolution for amicable and peaceful settlement of industrial disputes between workers and management.
Court’s task can be separated between those concerning to industrial relations matters and those involving to resolve petitions in issues relating to employment rights. With the endorsement of the Workplace Relations Act 2015 the labour court now has exclusive appellate jurisdiction in all disputes taking place under service constitutional rights enactments.
