LABOUR LAW & ETHICS

(LAW604)

INTRODUCTION: LABOUR LAW AS

A DISCIPLINE
 CONTENTS
1. Objectives

2. Labor Law in Context

3. What is Ethics?

4. Origins of Labor Law

5. Objectives of Labor Law

6. Amalgamation of Labour Laws

7. Labor Law Vs. Ethics

8. Summary & Conclusion

 OBJECTIVES
At the end of this session, you should be able to understand:

1. Law as Discipline

2. Definitions of Labour Law

3. Describe what Ethics is & its relationship with Labour law

4. Critically examine the origins of Labor Law

5. Describe the primary objectives of Labour Laws

6. Amalgamation of Labour Laws in Fiji

 INTRODUCTION
 The discipline of labour law is defined in part by its subject-matter; in part by
its intellectual tradition

 Labour Law’s immediate subject-matter consists of rules which govern the

employment relations

 A broader perspective sees labour law as the normative framework for the
existence and operation of all institution of the labour market

 This labour market comprise: the business enterprise, trade unions,

employers’ associations and, in its capacity as regulator and employer, the
state

 The starting point for analysis is the existence of the employment relationship
as a distinct economic and legal category
 INTRODUCTION (CONT)
 Labour law stems from the idea of subordination of the
individual worker to the capitalist enterprise

 Labour law is concerned with how these relationships are

constituted, a role which in common law systems is accorded
primarily to contract

 How they are regulated, a role shared by common law and

social legislation but also by extra legal sources such as
collective bargaining and workplace custom and practices

 Its scope accordingly extends from the individual to the

collective, from the contract of employment to relations
between institutions of organized and capital
 INTRODUCTION (CONT)
Further, its scope also includes the conduct and resolution of
conflict between them

The intellectual tradition referred to above sees labour law as

unified discipline which has outgrown its diverse origins in the
law of obligations and in the regulatory intervention of the state

 As a subject with its own doctrinal unity and structure, it spans

the divide between common law and legislation, and between
private law and public law

 In Britain, as elsewhere in Europe including other

Commonwealth nations, labour law has established itself as one
of the principle branches of legal studies
 WHAT IS LABOUR LAW ?- DEFINITION (S)
‘Labour law (or ‘labor’ or employment law) is the body of laws, administrative
rulings, and precedents which address the legal rights of, and restrictions on, working
people and their organization’ (Wikipedia, the free Encyclopedia)

Body of laws that applies to matters such as employment, wages, conditions of work,
labour unions, and labour-management relations’ (Wikipedia, the free Encyclopedia)

‘Labour law deals with employees and employers and the relationship between them’
(Wikipedia, the free Encyclopedia)

‘Labour laws covers the relationship between group of employees, organized as

unions, and employers’ (StateLawyers.com)

‘Labour laws grant employees the right to unionize and to engage in activities such
as picketing and striking, they also allow employers to defend themselves by seeking
injunctions or creating a lockout’ (StateLawyers.com)
 WHAT IS LABOUR LAW - DEFINTIONS (CONT)
‘Labour law covers things like job security, industrial agreements, strikes and
conciliation and arbitration’ (Wikipedia, the free Encyclopedia)

‘Laws that define the rights of employees and protect them from employer
retaliation for exercising those legal rights or reporting violation to the proper
authority’ (Wikipedia, the free Encyclopedia)

‘the body of law that governs the employer-employee relationship, including

individual employment contracts, the application of tort and contract doctrines,
and a large group of statutory regulations on issues such as the right to organize
and negotiate collective bargaining agreements, protection from discrimination,
wages and hours, and health and safety’(Wikipedia, the free Encyclopedia)
 WHAT IS ETHICS? - DEFINITIONS
‘written guidelines issued by an organization to its workers and
management, to help them conduct their actions in accordance with its
primary values and ethical standards’(Business Dictionary. COM)

‘the system or code of morals of a particular person, religion, group,

profession’(Business Dictionary. Com

‘the study of standards of conduct and moral judgment, moral

philosophy’(Business Dictionary. COM)
 HISTORICAL OVERVIEW OF LABOUR LAW – A SNAPSHOT
1. Labor unrest was common in railway industry during the last quarter of 18 th & 19th
century – US/Britain context

2. Between 1888 -1920 five laws were enacted to deal with rail labor disputes

3. Erdman Act (1899) saw the introduction of policy on mediation and voluntary
arbitration in railway disputes

4. Newland Act (1913) saw the creation of Permanent Board of Mediation and
Conciliation

5. These early legislative solutions aimed to resolve labour problems eventually failed
because decisions were not binding upon the parties

6. Federal government assumed emergency control

7. National railroads were operated as consolidated system by

US Railroad Administrators (1917-1920)
 HISTORICAL OVERVIEW OF LABOUR LAW – A SNAPSHOT
8. Railway Labour Act (1923) was introduced with the
following objectives:

i. to avoid any interference with commerce/business

ii. to promote for the freedom of association of employees (the

right join a labour union)

iii. to provide complete independence of organization by both

parties to carry out the objectives of RLA

iv. to provide for the prompt and orderly settlement of major

and minor disputes
 HISTORICAL OVERVIEW OF LABOUR LAW – A SNAPSHOT

9. Congress (1936) extended provisions of RLA to cover

employees of air carriers engaged in interstate commerce

10. National Labour Relations Act (NLRA) was developed to

look after both air carriers and railway industry

11. NLRA’s objective is to attempt to secure peaceful settlement

of employer-employee dispute previously characterized by
strikes & lockouts
ORIGINS OF FIJI’S LABOUR LAW – A SNAPSHOT (CONT)
1996
 Ministerial summit of WTO in Singapore
 Renewed commitment to observance of internationally recognized labour standards
 Majority of WTO members are members of the ILO

1974
 Fiji ratified Convention 98 (1949) – Right to organize
 Convention 87 (1948) - Freedom of association

1991
 New labour law developed following pressure from ILO/WTO respectively
 LL got worsened particularly situation for workers
 New restrictions introduced on the right to strike, recognition of TU, check off
system eliminated
 ILO recommendation, LL not improved and called for government intervention
 ORIGINS OF FIJI’S LABOUR LAW – A SNAPSHOT (CONT)
1994
 Government introduced selective and minor amendments to LL (1991)
 Tripartite Body (TB) formed to look at the LL
 TB reached a consensus & deliberated after 4 years with recommendation for LL
reform

1997
 ILO began consideration of fresh evidence of non-respect of freedom of association
in Fiji
 Evidence of violation of trade unions rights rife in Fiji

1997
 Cabinet formally decided to ignore the recommendation from TB
 ICFTU (international confederation of Free Trade Unions) introduced complaint to
ILO concerning Fiji’s violation of TU rights
 AMALGAMATION OF LABOUR LAWS

1. Employment Act (Cap92)

2. Trade Disputes Act (Cap.97)

3. Wages Council Act (Cap.98)

4. Trade Union Act (Cap.96)

5. Trade Union (Recognition Act) (Cap 96A)

6. Public Holiday Act (Cap.101)

7. Amend - Workmen's Compensation Act and OHS Act  

 OBJECTIVES OF LABOUR LAW – FIJI’S CONTEXT- ERA 2007
 The 2007 Employment Relations Act (ERA) is to provide a legislative
framework which promotes the welfare and prosperity of ALL Fiji’s people
by:

A–creating a minimum labour standards that are fair to workers and employers
alike, and to build productive employment relationship

B–helping to prevent and eliminate direct and indirect discrimination in

employment on the basis of race, color, gender, sexual orientation, age,
physical or mental disability, HIV/Aids status, marital status, family
responsibilities, pregnancy, religion, political opinion, national extraction or
social origin
OBJECTIVES OF LABOUR LAW – FIJI’S CONTEXT –
ERA2007 (CONT)
C–providing a structure of rights and responsibilities for parties engaged in
employment relations to regulate the relationship and encourage bargaining
in good faith and close observance of agreements as well as effective
prevention and efficient settlement of employment related disputes

D–establishing the mediation services, the employment relations tribunal and

the employment relations court to carry out their powers, functions, and
duties

E–Encouraging consultation between labor and management in the workplace

for better employment relations and productivity improvement
OBJECTIVES OF LABOUR LAW – FIJI’S CONTEXT (CONT)
F – Complying with international obligations and giving effect to the
constitution, and

G – For related matters

DIFFERENCE BETWEEN LABOUR LAW & ETHICS

 Labor Law – enactment through a legislative process and imposed on the

workers/employers to follow

 Ethics – based on standards and good work practices and administered on

voluntary basis
 SUMMARY & CONCLUDING REMARKS
1. Labor Movements (Britain/US) have been instrumental in enacting laws in
protecting labor rights in the 18th and 19th century

2. Governments involvement in labour regulation evident as a result of Second

world war

3. Labor rights have been integral to the social & economic development since
industrial revolution

Labor Law arose due to:

DEMANDS FROM WORKERS DEMANDS FROM EMPLOYERS
Better working conditions Demands from employers to restrict power of workers
Right to Organize Demand from Employers to keep labor cost low
Right to Collective Bargaining Demand from Employers for maximize profit/returns
Discrimination
Safety Issues
Child Labor
 SUMMARY & CONCLUDING REMARKS (CONT)
1. Ethics is moral principles, based on what is perceived as
right/wrong
2. Ethics is not a Law, compliments Labour law
3. Ethics is developed based on standards/good work practices
(professionals/business)
4. A company’s Code of ethics/practice is a binding instrument
5. Management tool – ensure full compliance
6. Provision for Whistle blowers
7. Loyalty vs other motives
QUESTIONS?