Factors influencing the planning undertaken by women during pregnancy for their return to work after maternity leave

The planning women (N = 199) do during pregnancy for their return to work post birth and the factors that influence employment planning during late pregnancy were investigated in this study. The findings revealed three components of planning: Planning for Childcare, Planning with Partner, and Planning with Employer. Several factors emerged as consistent cross-sectional predictors of these components (work satisfaction, hours worked before commencing maternity leave, anticipated weeks of maternity leave and anticipated hours per week on the return to work). Anticipated support from family and friends, and from the workplace also predicted Planning with Partner and Planning with Employer, respectively. The theoretical and practical implications of these findings are discussed.

Statutory verification of water rights: the 'insuperable' difficulties of propertising water entitlements

The abolition of riparian entitlements in the early stages of colonial Australia and the vesting of these rights in the Crown represented a turning point for the evolution of private water rights. The extinguishment of common law rights connected to vested land interests and the introduction of new, unaligned statutory entitlements provided a new and fundamentally different system for the creation and regulation of private water entitlements. Unlike riparian entitlements, in the absence of express definition, statutory water entitlements may only be verified as property where such a construction is consistent with the nature and scope of the entitlement. In this respect, the statutory framework has disaggregated the propertisation of water rights from land ownership and linked the process to broader statutory interpretation principles. The shift away from institutional property has generated concerns about the interpretive approaches appropriate for the verification of legislative water entitlements. This article examines the existing interpretive approaches and argues that the blurring of the propertisation process with the separate issue of whether any change or modification of such water rights attracts s 51(xxxi) of the Commonwealth Constitution has produced a situation where core property indicia is increasingly overshadowed by legislative defeasibility. In the recent High Court decision of ICM Agriculture Pty Ltd v Commonwealth, the focus of the majority judgements upon the inherent susceptibility of legislative entitlements to variation or extinguishment acted as a catalyst for the non-propertisation of statutory bore water licences in New South Wales. The emphasis the majority judgements gave to legislative defeasibility precluded a full and balanced assessment of other highly relevant property indicia, in particular the expectation interests of the holders. Conflating property and constitutional evaluation in this way is inappropriate in an era where entitlements to natural resource interests are increasingly statute based and the verification process has significant social and economic repercussions. Determining whether a statutory entitlement constitutes property requires a careful balancing of legislative intent, social and environmental context and individual expectation and the vicissitudes of a regulatory context should not eclipse this process.

An examination of psychological contracts, careerism and intention to leave

Purpose - The aim of this paper is to investigate the relationships between elements of the psychological contract (i.e., type and fulfilment) and an employee’s intention to leave (ITL) their current organisation. The role of careerism as a potential mediating and moderating variable is also explored.

Design/methodology/approach - Allied Health Professionals (N=202) completed a questionnaire containing measures of the psychological contract, careerism and ITL.

Findings - As predicted, path analyses conducted via structural equation modelling demonstrated that careerism partially mediates the relationship between contract types and ITL. These findings suggest that employees with transactional contracts are more careerist, resulting in higher ITL, while employees with relational contracts are less careerist, resulting in lower ITL. Contrary to expectation, a hierarchical multiple regression analysis revealed that careerism failed to moderate the relationship between perceived contract fulfillment and ITL. However, a strong positive association between contract fulfillment and ITL was found.

Research limitations/implications - The data were collected cross-sectionally, which limits the ability to make causal inferences.

Practical implications - Results were consistent with the proposition that contract type and fulfillment predict employee ITL. It appears that employees with relational contracts are more likely to remain with their organization on a longer-term basis, compared to employees with transactional contracts, due to differences in career motives. Organizational awareness and understanding of employee psychological contracts and career motives is needed.

Originality/value - This paper provides new theoretical and practical insights on how psychological contracts and careerism can influence Intention to leave among Allied Health Professionals.

Supporting working parents: findings from the AHRC’s national inquiry into the prevalence of pregnancy and return to work discrimination in the workplace

In July 2014 the Australian Human Rights Commission (AHRC) released the findings of its national review into pregnancy and return to work discrimination in the workplace1 which it conducted following a request from the Commonwealth Attorney-General’s Department.2 The review comes 15 years after the commission’s first inquiry into pregnancy discrimination in the workplace.3Federal law has prohibited pregnancy discrimination in the workplace since the Sex Discrimination Act 1984 (Cth) (SDA) came into force.4 It is now unlawful in every state and territory.5 Discrimination on the basis of breastfeeding and family or carer’s responsibilities is also prohibited.6 Since 2009 the Fair Work Act 2009 (Cth) (FW Act) has prohibited workplace discrimination based on pregnancy and family or carer’s responsibilities7 and the Act gives employees additional entitlements relating to their parental and caring responsibilities. Male and female employees who are the primary caregiver for a child are entitled to 12 months unpaid parental leave upon the birth or adoption of the child and can request an additional 12 months leave.8 Upon returning to work, they can request flexible working conditions9 and they are protected from adverse action, such as dismissal, for exercising these rights.10 Yet despite these legal protections, the findings of the national review show that employees continue to experience discrimination during pregnancy, when taking parental leave and upon re-entering the workforce. This note presents the main findings from the surveys and consultations that were held with employers and employees as part of the review and the review’s recommendations for addressing the prevalence of what it terms ‘pregnancy/return to work discrimination’.