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Facing the aging workforce but older workers’ vulnerability in the labor market, this chapter empirically explores factors and policy implications to enhance older workers’ entered employment rates (EER) after exiting the national workforce program. After reviewing older workers’ attributes and the unique methods to train them, the chapter examines demographic, socioeconomic, and program attributions to older workers’ EER, controlling for cyclical changes in the labor market. The chapter relies on three sets of models including logistic regression, multi-level mixed-effect regression, and multilevel mixed effect logistic regression models, as well as longitudinal Workforce Investment Act Standardized Record Data and Bureau of Labor Statistics unemployment data. Older dislocated workers and older adults are examined separately. Some Workforce Innovation and Opportunity Act training and related service combinations are identified to contribute to older adults and older dislocated workers’ EER and to inform strategic decision-making about future allocations of funds and policy efforts to serve older workers.

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

The purpose of this paper is to enhance understanding low pay dynamics of Australian employees, with a focus on the determination of low pay duration.

The study draws on a representative longitudinal survey of Australian households to provide empirical findings from both descriptive analysis and econometric modelling.

The results show that workers who have entered low pay from higher pay also have a higher hazard rate of transitioning to higher pay; and those who have entered low pay from non-employment are more likely to return to non-employment. Union members, public sector jobs and working in medium to large size firms tend to increase the hazard rate of transitioning to higher pay, while immigrants from non-English speaking countries and workers with health problems have a lower hazard rate of moving into higher pay. There is some evidence that the longer a worker is on low pay, the less likely he or she is to transition to higher pay.

This study addresses an information gap regarding the determination of low pay duration. The findings help identify workers who are at high risk of staying on low pay or transitioning into non-employment and are therefore informative for developing targeted policy to help the low paid maintain employment and/or move up the earnings ladder. The results also suggest that policy intervention should take place at an early stage of a low pay spell.

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Insights into the origins of entrepreneurial activity are gained through a study of alternative mechanisms implicated in the tendency for children of the self-employed to be substantially more likely than other children to enter into self-employment themselves. I use unique life history data to examine the impact of parental self-employment on the transition to self-employment in Denmark and assess the different mechanisms identified in the literature. The results suggest that parental role modeling is an important source of the transmission of self-employment. However, there is little evidence to suggest that children of the self-employed enter self-employment because they have privileged access to their parent's financial or social capital, or because their parents’ self-employment allows them to develop superior entrepreneurial abilities.

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.