Browsing by Author "Anderson, Gordon"

Now showing 1 - 12 of 12

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Achieving Better Labour Law Enforcement: Social Product Labelling as a Regulatory Tool
(Te Herenga Waka—Victoria University of Wellington, 2011) Kovacevic, Sladjana; Anderson, Gordon
The International Labour Organisation (ILO) has faced significant criticism for failing to secure compliance with its labour laws and successfully protect the world’s worst ill-treated labourers. Although the ILO has successfully developed nearly universal labour standards due to a lack of effective enforcement it has failed to play a significant role in alleviating worker exploitation in the modern global economy despite an international presence spanning ninety years. In the face of un-abating labour law abuses, even by its own member states, how can the ILO overcome what has been referred to as its “enforcement crisis” and successfully protect the rights of the world’s most vulnerable workers. Many authors have suggested various tactics for improving the ILO’s enforcement track record, from increasing voluntary compliance through ILO funding of non-government organisations (NGOs) to effectively linking labour to trade and utilising the World Trade Organisation’s enforcement mechanisms. This paper will suggest that part of the answer lies in the use of ‘social labelling’ to support ‘ethical consumerism’ and use the market to encourage adherence to core ILO conventions. The paper will begin with an analysis of the “enforcement crisis” in international labour law, looking at the primary challenges facing enforcement by key labour law actors including employers, employees and national governments and stressing the need for new initiatives. The paper will then introduce social labelling as an enforcement initiative, explaining its potential for stimulating the political function of consumers and encouraging ‘ethical consumerism’. This will be followed by a critical analysis of the usefulness of social labelling and its limitations. Finally the paper will conclude that as a tool for enforcement, social labelling has the potential to effectively reduce the use of child, slave and forced labour in the production of consumer goods.
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China's trade in services: The perspective on legal issues
(Te Herenga Waka—Victoria University of Wellington, 2014) Tao, Siyu; Anderson, Gordon; Frankel, Susy
The objective of this thesis is to identify and analyse whether there are legal problems in China’s trade in services legal system. Although China’s accession to World Trade Organisation (WTO) induced regulatory, institutional and normative changes that have transformed the landscape of trade and investment, legal problems may continue to exist. As China’s trade in services legal system encompassed its FTAs commitments, GATS obligations and relevant domestic legislation, the principal research question can be answered by three sub-questions:, whether relevant domestic legislation is coherent with China’s General Agreements on Trade in Services (GATS) obligations, whether there are any deficiencies existing in domestic legislation and in the implementation, and whether China’s commitments to Free Trade Agreements (FTAs) are consistent with its GATS commitments. To address these questions, this thesis expounds trade in services, China’s trade in services agreements and legal system; examines the consistency of China’s GATS obligations and its relevant domestic legislation; analyses problems within domestic legislation and in the implementation of China’s trade in services obligations compares China’s commitments to GATS and FTAs focusing on the WTO-consistency of China’s FTAs. The thesis concludes that: (1) a comparative study of China’s GATS commitments and relevant domestic legislation has revealed inconsistencies and other legal issues; (2) the process of comparison has identified some problems with legislation and with implementation of China’s trade obligations; (3) despite several ambiguities, China’s FTAs on trade in services are generally WTO-consistent and have some achievements. Thus, the research question of this thesis could be answered by the existence of legal issues within China’s trade in services legal system. On the basis of these conclusions, possible solutions are provided to these legal issues. They are intended to improve the prospects of China’s legislation on trade in services.
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COML302: Commercial Law: Labour Law
(Victoria University of Wellington, 2005) Anderson, Gordon
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Job mobility and employee human capital - To what extent can the employee be restrained by post-contractual restrictive covenants? An analysis of the common law principles with special consideration of New Zealand
(Te Herenga Waka—Victoria University of Wellington, 2014) Schwipper, Markus; Anderson, Gordon
In times where employment relationships become increasingly “volatile”, employers try to impede the mobility of their departing employees and capture the human capital they have generated during the former employment. In the absence of express restrictive covenants, the ability to do so is rather limited and therefore post-contractual restrictive covenants have become a common feature of employment contracts. More recent case law in common law jurisdictions suggests a creeping expansion of the use of restrictive covenants. Increasingly imaginative employers constantly push the boundaries of the law by advocating new forms of restrictive covenants and new types of protectable interests. The law on post-contractual restraints of trade is no longer restricted to the “classic forms” of non-compete clauses or non-solicitation agreements which purport to protect trade secrets or customer connections. So called non-poaching clauses that are designed to protect the “stability of the workforce” have emerged and have been accepted by the courts. In addition, employers make use of more sophisticated legal tools such as “garden leave” provisions or “indirect” restrictive covenants such as “profit-sharing agreements”, “clawback” and “forfeiture” provisions or “repayment of training costs” clauses to restrain departing employees. In this thesis, the common law principles governing the use of these covenants are outlined with special reference to New Zealand.
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LAWS122: Law: Introduction to Case Law
(2019) Anderson, Gordon
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LAWS355: Law: Employment Law
(Victoria University of Wellington, 2008) Anderson, Gordon
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LAWS355: Law: Employment Law
(Victoria University of Wellington, 2009) Anderson, Gordon
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LAWS355: Law: Industrial Law
(Victoria University of Wellington, 2007) Anderson, Gordon
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LAWS355: Law: Industrial Law
(Victoria University of Wellington, 2005) Anderson, Gordon
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LAWS355: Law: Industrial Law
(Victoria University of Wellington, 2006) Anderson, Gordon
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The Liberalisation of Movements of Natural Persons under New Zealand's Free Trade Agreements: Scope, Effects and Implications
(Te Herenga Waka—Victoria University of Wellington, 2011) Devine, Erica; Anderson, Gordon
Trade liberalisations have become one of the defining trends of the globalisation movements besieging the world in the 20th and 21st centuries. New Zealand’s increasing free trade agreement commitments over the past few decades are clear evidence this trend. While trade liberalisation in goods is well publicised, there are equally important provisions relating to the liberalisation of trade in services, especially those regarding the movements of natural persons between countries for the purposes of business or temporary employment. The General Agreement on Trade in Services (The Agreement) is an integral international agreement created within the World Trade Organisation framework facilitating such trade in services liberalisations. New Zealand under their recent free trade agreements has made many commitments to implement The Agreement’s provisions regarding the free movements of natural persons for the purposes of temporary employment and business. The associated effects of these provisions are variable, resulting in not only significant benefits and advantages for trading partners, but negative outcomes as well. It is the competing implications of these effects which set the foundation for an examination of the overall net effects of liberalised cross-border movements of persons. This paper will examine the commitments New Zealand has made under their free trade agreements to liberalise the movements of natural persons across borders between themselves and their trading partners. It will initially examine the specific obligations New Zealand has undertaken through these agreements and their compliance with the international framework established under the The Agreement. The paper will then consider the negative and positive implications associated with these liberalised movements of natural persons, critiquing New Zealand’s overall commitments and their associated effects, seeking to determine whether or not such liberalisations can be determined to be a success. It will then identify if there are any areas for improvement or changes which could be implemented in the future.
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School Discipline in New Zealand: Legal and Policy Implications
(Te Herenga Waka—Victoria University of Wellington, 2011) Garden, Rebecca; Anderson, Gordon
Education is a cornerstone of society because it provides individuals with opportunities for advancement and benefits the wider community. Equally important is the harm that occurs when children do not receive education, the consequences of which are costly to both the individual and society as a whole. In New Zealand, the importance of an education is recognised in the Education Act 1989, providing the right to a free state education for children from five to 19 years of age, with compulsory schooling from six to 16 years. The importance of education is also recognised internationally. However, the right to an education is conditional upon meeting accepted standards of behaviour within the school context, and schools are required to provide a safe learning environment for their students. When an individual child’s behaviour impinges upon the ability of others within the school to receive their education, or threatens their safety, the rights of each to education can conflict. Schools have the power to remove students either temporarily or permanently from the school, and the Education Act provides guidelines for the removal of students. It provides schools with a range of options, of varying degrees of seriousness. These range from a stand-down of a student for up to 10 days, through to suspension which can be followed by permanent removal through exclusion or expulsion. Exclusion applies to children aged under 16, and the Ministry of Education or the principal is required to find a new school to enrol the child. Expulsions apply to children over 16, and there is no duty to find the child another school. Given the importance of education, removing a child from school can result in serious consequences for that student and appropriate processes should be in place to protect their rights. This essay will discuss the problems with the current disciplinary system. Another issue is that Māori students are overrepresented within those who have faced school disciplinary proceedings. This essay will address particular issues facing Māori both at the initial stage of school suspension, and later at the appeal stage. This essay will compare the Health and Disability Commission, the Employment Tribunal institutions and family group conferences in the youth justice system. These are all relatively recent developments put in place to protect rights of those in vulnerable positions. The various appeal and alternative dispute resolution processes that they provide are useful to illustrate both deficiencies in the education disciplinary system and potential improvements.