Introduction and Overview
Richard N. Block and Robert T. Simmelkjaer
Resolving Disputes over Employment Rights in Belgium
Frank Hendrickx and Sarah De Groof
ABSTRACT: This Article provides an overview of employment rights dispute resolution in Belgium. Both public (governmental) and private mechanisms are addressed. The Article starts by describing the Belgian system of social concertation. Through the overview, four developments or trends are discussed: Europeanization, the equality principle, alternative dispute resolution, and, finally, the enforcement of employment rights through criminal law.
Procedural Approaches to Resolving Employees’ Rights in France
Jean-Emmanuel Ray and Jacques Rojot
Dispute Resolution in German Employment and Labor Law
Labor Process and Labor Alternative Dispute Resolution in the Italian System
Resolving Disputes over Employment Rights in Australia
Ron McCallum, Joellen Riley, and Andrew Stewart
ABSTRACT: As labor regulation in Australia has shifted away from reliance on conciliation and arbitration to set wages and employment conditions, industrial tribunals are increasingly being used to resolve individual grievances over employment rights, rather than collective labor disputes. We consider that development in its historical context, examining the roles, functions and composition of the main federal tribunal, the Fair Work Commission. We discuss the review of tribunal decisions by the higher courts, identifying a decisive shift against judicial deferral to specialist decision making. Finally, we note the failure of recent efforts to promote greater use of private (nongovernmental) dispute resolution, outside the tribunal system.
The Resolution of Employment Disputes in New Zealand
Systems and Procedures for Resolving Labor Disputes in Japan
Resolving Disputes over Employment Rights in Brazil
Roberto Fragale Filho