Die Beilegung arbeitsrechtlicher Streitigkeiten nach irischem und deutschem Recht
Hamburg 2015, 266 Seiten
ISBN 978-3-8300-8782-3 (Print), ISBN 978-3-339-08782-9 (eBook)
Arbeitsgericht, Arbeitsrecht, Employment Appeals Tribunal, Equality Tribunal, Irland, Labour Court, Labour Relations Commission, Rechtsvergleichung, Redchtswissenschaft, Rights Commissioner, Streitbeilegung
about this book
deutsch | englishThe procedures for settling labour disputes vary considerably from one Member State of the European Union to another. Independent Labour Courts may be found in Germany in addition to the Ordinary Jurisdiction. The integration of these Labour Courts into the Ordinary Jurisdiction has repeatedly been subject to discussion over the last years, but was never realised. Against this background the author examines the highly complex system for settling labour disputes in the Republic of Ireland. First, the basic principles of Irish labour law are described, taking into account the influences of the common law and the law of the European Union. The second part of the study takes an in-depth look into the work of the quasi-judicial Tribunals, to which the settlement of labour disputes has been assigned. A major problem here is the confusing definition of responsibilities, as the respective legal provisions are not concentrated in separate rules of procedure, but scattered over a range of laws and regulations. The third part of the study deals with the settlement of labour disputes in Germany. First the historical development of the German Labour Courts is described, its indended tasks as well as the differences to the Ordinary Jurisdiction. Structure and organization of the Labour Courts as well as the procedures before the Labour Courts are explained. Finally the methods of settling labour disputes in Ireland and Germany are compared and evaluated. The study therewith might stimulate further discussion on meaning, purpose and organisation of independent Labour Courts. For both systems – in Germany as well as in Ireland – are constantly on the test. Whereas Germany is currently not debating the elimination of the Labour Courts, Ireland is in the process of fundamentally reforming its system of quasi-judicial tribunals.
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