Mandate, Discretion, and Professionalisation in an Employment Standards Enforcement Agency
An Antipodean Experience
Bibliographic Data
| ID | 6090132 |
|---|---|
| Authors | John Howe (0000-0002-3432-8296, The University of Melbourne), Tess Hardy (0000-0003-3499-1706, The University of Melbourne), Sean Cooney (0000-0002-0187-7088, The University of Melbourne) |
| Year | 2013 |
| Volume | 35 |
| Issue | 1-2 |
| Pages | 81-108 |
| Publication date | 2013-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Policy (JOURNAL) |
| Journal identifiers | ISSN: 0265-8240 • E-ISSN: 1467-9930 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1467-9930.2012.00370.x |
| OpenAlex | W2170035498 |
| Language | EN |
| Citations received | 4 |
| References cited | 13 |
In recent years, there has been a resurgence of scholarly interest in the operation and effect of labour inspectorates around the world. This article aims to contribute to this mounting comparative and socio‐legal literature by considering the emergence of an active and high‐profile enforcement agency inAustralia—theFairWorkOmbudsman (FWO). Drawing on the experiences of inspectors and senior managers at theFWO, we examine the structure and mandate of the agency, as well as the discretion afforded to, and the professionalisation of, individual inspectors. While some have sought to draw a distinction between a rule‐bound, specialised approach characteristic of certain Anglo‐American countries and the so‐called Franco‐Iberian model, which places a greater emphasis on flexibility and pragmatism, we found that theFWOdoes not necessarily fit neatly within this dichotomy. Rather, we observe that as theFWOis a new institution, its mode of operation is in the process of evolution. At present it is pluralistic, in the sense that it exhibits a hierarchical, procedural approach in a drive to address concerns of consistency and accountability, while at the same time allowing, and sometimes encouraging, individuals to be experimental and adaptive
Accountability · Adjudication · Agency (philosophy · Business · Consistency (knowledge bases · Corporate governance · Discretion · Economics · Enforcement · Epistemology · Flexibility (engineering · Institution · Law and economics · Management · Mandate · Political science · Pragmatism · Shareholder · Social science · Sociology · Labor Movements and Unions · Law · Ombudsman and Human Rights · Public Administration · Regulation and Compliance Studies · Accounting
Intertwine preventive (ex-ante) and deterrent (ex-post) mechanisms for compliance with and enforcement of labor laws
How do labour inspections deal with the transformations of work
Making or Administering Law and Policy? Discretion and Judgment in Employment Standards Enforcement in Ontario
How networks among frontline offices influence regulatory enforcement
| Unique citing works | 4 |
|---|---|
| Citations per year | 0,36 |
| Citation span | 2015 - 2025 (11) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 4 |