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Dismissal protections in a global market: Lessons to be learned from Serco Ltd v Lawson

Abstract
The rise of labour as a transnational phenomenon is an aspect of globalisation. New Zealand law relating to protection from dismissal without cause (unjustifiable dismissal) is failing employers and employees whose employment agreements have international elements. In New Zealand, protection from dismissal without cause is contained in the Employment Relations Act 2000 (ERA 2000) (NZ). However, the Act is not an ‘overriding statute’. Cases where the facts show the operation of global employment markets are decided according to conflict of laws rules relating to contracts. The operation of these rules can result in employees being inappropriately excluded from New Zealand dismissal protections. The complexity of the rules makes them inappropriate for the resolution of employment relationship problems, to the detriment of both employers and employees.
Type
Journal Article
Type of thesis
Series
Citation
Mackinnon, J. (2009). Dismissal protections in a global market: Lessons to be learned from Serco Ltd v Lawson. Industrial Law Journal, 38(1), 101- 112.
Date
2009
Publisher
Oxford University Press
Degree
Supervisors
Rights
This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Industrial Law Journal following peer review. The definitive publisher-authenticated version, Mackinnon, J. (2009). Dismissal protections in a global market: Lessons to be learned from Serco Ltd v Lawson. Industrial Law Journal, 38(1), 101- 112 is available online at: http://ilj.oxfordjournals.org/cgi/content/full/38/1/101. © Industrial Law Society; all rights reserved.