Corporate collapses and employees' right to know: an issue for corporate law or labour law?
Article Abstract:
(Author abstract) In many recent corporate collapses, large numbers of workers have lost their jobs with very little warning. In part, this results from company law's treatment of employees as corporate "outsiders". This article argues that employees should be brought "inside" the corporation, by giving them legal rights to information and consultation about the financial position of the businesses that employ them and broader wrokplace restructuring issues. The current position under both company law and labour law is explored, along with options for reform through each of these routes. These options include changes to corporate reporting requirements, employee representation on company boards, works councils, and European-style information and consultation mechanisms. Finally, some observations are made as to the likely direction of legal change in Australia to address these issues.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 2003
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The gendered nature of the battered woman syndrome: why gender neutrality does not mean equality
Article Abstract:
The use of expert evidence in the defense of women who killed their batterers has focused on explaining the effect of battered woman syndrome on these women. However, courts are beginning to adopt a gender-neutral approach in which "battering and its effects" are explained with no reference to gender. This development will negatively impact the understanding of battered women and the reasons for their actions.
Publication Name: New York University Annual Survey of American Law
Subject: Law
ISSN: 0066-4413
Year: 2003
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