Rethinking the employer's summary dismissal power in the employment contract

 The principal subject of this thesis is the employer’s summary dismissal power under Australian contract law. Summary dismissal is by far the most brutal way that an employment relationship may end. Its suddenness can have long-lasting economic and psychological impacts upon the dismissed employee. However, the area has been neglected in legal scholarship. The result of this is that issues arising from the jurisprudence have not been the subject of critique and scrutiny, until now. This thesis addresses this gap in the scholarship. The thesis also proposes a new approach to resolving these disputes based on the proportionality concept. An employer's decision to dismiss its employees in this way should be commensurate to the detriment caused by the employee's actions. Therefore, one 'should not use a sledgehammer to crack a nut.'

Neoliberalism, economic restructuring and policy change: precarious housing and precarious employment in Australia

 Housing, employment and economic conditions in many nations have changed greatly over the past decades. This paper explores the ways in which changing housing markets, economic conditions and government policies have affected vulnerable individuals and households, using Australia as a case study. The paper finds a substantial number and proportion of low income Australians have been affected by housing and employment that is insecure with profound implications for vulnerability. Importantly, the paper suggests that in Australia the economic gains achieved as a consequence of mining-related growth in the early 2000s were translated as greater employment security for some on low incomes, but not all. Enhanced access to employment in this period was differentiated by gender, with women largely missing out on the growth in jobs. For the population as a whole, employment gains were offset by increased housing insecurity as accommodation costs rose. The paper finds low income lone parents were especially vulnerable because they were unable to benefit from a buoyant labour market over the decade 2000–2010. They were also adversely affected by national policy changes intended to encourage engagement with paid work. The outcomes identified for Australia are likely to have been mirrored in other nations, especially those that have embraced, or been forced to adopt, more restrictive welfare and income support regimes.

Itinerant foreign harvest workers in Australia: the impact of precarious employment on occupational safety and health

Horticulture work in many high-income economies is increasingly performed by temporary migrant workers from low-wage economies. In Australia, such work is now performed predominantly by international backpackers – young well-educated workers with mostly sound English language skills. These workers are drawn to harvesting work by a government scheme which provides an incentive for completing a specified number of days work in horticulture. This article examines the health and safety experience of these workers, through focus groups, interviews and an online survey. Notwithstanding their distinctive backgrounds, the harvesting experience of these temporary migrant workers is similar to that of low-skilled migrants working in other high-income countries. Health and safety risks associated with work organisation and payment systems, and a lack of compliance with OHS legal requirements, are commonplace but potentially compounded by a sense of invincibility amongst these young travellers. Furthermore, a growing pool of undocumented workers is placing downward pressures on their employment conditions. The vulnerability associated with work and earnings uncertainty, and the harsh environment in which harvesting work occurs, remains a constant notwithstanding the background of these workers.

International education, the formation of capital and graduate employment : Chinese accounting graduates’ experiences of the Australian labour market

Since the late 1970s, international education has steadily gained in popularity in China.An emerging middle class seeks to strengthen its position in China’s rapidly stratifyingsociety under its socialist market economy with the shift from wealth creation for all towealth concentration for a few. Previously, a foreign qualification was considered apassport to success in either the host or home country’s labour market. But the growingpopularity of overseas study, coupled with the massification of the Chinese highereducation, means Chinese international students are seeking to distinguish themselvesin an increasingly competitive global labour market. This longitudinal study of internationalgraduates, backgrounded by Australian employer perceptions, examines thejourneys of 13 Chinese accounting graduates as they attempt to transition from anAustralian university into the Australian labour market. Bourdieu’s thinking tools offield, capital, disposition and habitus are utilised to consider how different cultural,social and linguistic capitals inform employer understandings of ‘employability’ meantChinese accounting graduates significantly adjusted their life goals.

Data clustering using side information dependent Chinese restaurant processes

Side information, or auxiliary information associated with documents or image content, provides hints for clustering. We propose a new model, side information dependent Chinese restaurant process, which exploits side information in a Bayesian nonparametric model to improve data clustering. We introduce side information into the framework of distance dependent Chinese restaurant process using a robust decay function to handle noisy side information. The threshold parameter of the decay function is updated automatically in the Gibbs sampling process. A fast inference algorithm is proposed. We evaluate our approach on four datasets: Cora, 20 Newsgroups, NUS-WIDE and one medical dataset. Types of side information explored in this paper include citations, authors, tags, keywords and auxiliary clinical information. The comparison with the state-of-the-art approaches based on standard performance measures (NMI, F1) clearly shows the superiority of our approach.

The effects of tax incentives for small firms on employment levels

This paper will examine the effects of tax incentives for small businesses on employment level evaluating a program with this purpose implemented in Brazil in the 1990s. We first develop a theoretical framework which guides both the de nition of the parameters of interest and their identi cation. Selection problems both into the treatment group and into the data sample are tackled by combining fixed effects methods and regression discontinuity design on alternative sub-samples of a longitudinal database of manufacturing firms. The results show that on the one hand the size composition of the treated fi rms may be changed due to the survival of some smaller firms that would have exited had it not been eligible to the program. On the other hand, the treated firms who do not depend on the program to survive do employ more workers.

The effects of adult literacy on earnings and employment

This paper provides evidence of the effects of adult literacy on individuals’ income and employability in Brazil based on information obtained from the monthly employment survey (PME). The OLS results indicate that after controlling for observable characteristics, there is a 21.25% increase in wages for individuals who become literate; however, there is no significant impact on employability. Moreover, the findings show an 8.1% increase in the probability of being employed in the formal sector. We also explore the longitudinal structure of the dataset to control for unobservable fixed characteristics of individuals. The fixed-effects estimators show smaller effects compared to the OLS estimators. We find that literacy has a 4.4% effect on wages and a 4.3% impact on the probability of being formally employed. The effects are significantly different from zero.

The effects of small firm tax incentives on employment levels

This paper aims to evaluate the impact on employment growth of a tax incentive program targeting Brazilian manufacturing small businesses (SIMPLES). This evaluation is conducted for two distinct periods: for the year 1997, when the program was first implemented, and for the year 1999, when the eligibility rule was modified to allow the eligibility of a broader group of firms. The evaluation takes into account two distinct channels through which the charted effects operate. The first is the employment variation in the firms that became eligible for the incentives, and the second is the change in the survival probability experienced by the same group of firms. Moreover, each of these channels can be activated either by the tax reduction dimension of the program or by its dimension of red tape simplification. Our results identify positive effects on employment growth for the tax incentive program only in the dimension of red tape simplification and its effects on the 1997 sample.

The effects of openness on industrial employment in Brazil

Este artigo tem dois objetivos principais. Primeiramente, apresentamos as pnnClpms evidências de que a baixa qualidade do emprego é o maior problema do mercado de trabalho brasileiro. Mostra-se que o país tem absorvido um crescimento da oferta de trabalho significativo ao longo dos últimos anos sem registrar um aumento da taxa de desemprego. No entanto, os postos de trabalho no Brasil são, em média, extremamente precários. Em grande medida, a precariedade do emprego no Brasil está relacionada à alta rotatividade da mão-de-obra, que desincentiva o investimento em treinamento, impedindo o crescimento da produtivid::;de do trabalho. De acordo com os indicadores passíveis de comparação internacional, o Brasil apresenta uma das maiores taxas de rotatividade do mundo. Em segundo lugar, estuda-se a evolução recente do emprego industrial, uma vez que o setor industrial está tradicionalmente associado à geração de bons empregos no Brasil. Mostra-se que o nível de emprego industrial tem se reduzido de forma praticamente contínua desde o início desta década. A estimação de um modelo de ajustamento parcial do emprego nos permite explicar este fenômeno. Mudanças estruturais significativas na elasticidade custo salarial do emprego e no coeficiente de tendência são detectadas a partir do início da década de 90. Um simples modelo teórico é usado de forma a interpretar estas mudanças estruturais como a resposta ótima das empresas industriais ao ambiente de maior competição externa, devido à abertura comercial. Isto, junto com o uso crescente de tecnologias poupadoras de mão-de-obra, são suficientes para explicar a brutal queda do emprego industrial no Brasil ao longo dos últimos seis anos.

The effects of the minimum wage on earnings and employment in Brazil

This paper analyzes the effects of the mlmmum wage on both, eammgs and employment, using a Brazilian rotating panel data (Pesquisa Mensal do Emprego - PME) which has a similar design to the US Current Population Survey (CPS). First an intuitive description of the data is done by graphical analysis. In particular, Kemel densities are used to show that an increase in the minimum wage compresses the eamings distribution. This graphical analysis is then forrnalized by descriptive models. This is followed by a discussion on identification and endogeneity that leads to the respecification of the model. Second, models for employment are estimated, using an interesting decomposition that makes it possible to separate out the effects of an increase in the minimum wage on number of hours and on posts of jobs. The main result is that an increase in the minimum wage was found to compress the eamings distribution, with a moderately small effect on the leveI of employment, contributing to alleviate inequality.

How to manage macroeconomic policies to foster growth and employment and prevent financial and external crises

My presentation focuses on the implementation of a macroeconomic policy regime which, I believe, is capable of simultaneously attaining several targets, including the promotion of growth and employment and the prevention of external and financial crises.

Type C botulism in swine fed on restaurant waste

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)