Effective minimum employment standards

Gordon Anderson (), Douglas Brodie () and Joellen Riley ()

Chapter 7 in Employment Law for a Brave New World, 2025, pp 106-127 from Edward Elgar Publishing

Abstract: The fissuring or vertical disintegration of labour markets has created challenges in each of our jurisdictions for the effective enforcement of workplace rights. The phenomena of labour hire, outsourcing and subcontracting have created distance between the worker and the enterprise ultimately benefiting from their labour. A major challenge of contemporary labour law is finding regulatory means to ensure that workers receive their entitlements, notwithstanding that they have been engaged by some under-resourced intermediary. The chapter argues that the common law already recognises forms of extended liability and accepts joint liability, in tort, criminal law and also in partnership and fiduciary law, so these concepts are ripe for extension to employment contract law. This chapter advocates that head contractors and principals might also be made liable on the basis of their capacity to influence compliance with labour standards by their subcontractors.

Keywords: Enforcement of labour standards; Supply chain regulation; Accessory liability; Joint employment; Joint liability; Subcontracting; Labour hire (search for similar items in EconPapers)
Date: 2025
ISBN: 9781800379923
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