Maxims Global 21st Century International Law Series


COMPARATIVE AND ANALYTICAL PERSPECTIVES ON THE LAW RELATING TO PICKETING IN BRITAIN - CANADA - AUSTRALIA

Author
Rosemary Jane Harrison LL.B LL.M C.Ed C.M.S. ACIArb. MCMI.
Associate Research Fellow, Witan Institute of Management Studies
Witan International College, Berkshire U.K.

CONTENTS

PREFACE

CASE LIST
BRITAIN
CANADA
AUSTRALIA

STATUTE LIST AND RELATED DOCUMENTS LIST
BRITAIN
Criminal
Civil
Code of Practice
CANADA
Criminal
Civil
ALBERTA
BRITISH COLUMBIA
NEW BRUNSWICK
NEWFOUNDLAND
ONTARIO
QUEBEC
SASKATCHEWAN
AUSTRALIA
Criminal
Civil

GLOSSARY

ORIENTATION

CHAPTER 1 - PICKETING: A DEFINITION

PRIMARY PICKETING
BRITAIN
CANADA
AUSTRALIA
BRITAIN
Secondary Picketing
CANADA
Secondary Picketing
BRITAIN
Mass Picketing
CANADA

CHAPTER 2 - PICKETING: ANALYSED WITH REGARD TO THE DIFFERING LABOUR LAW SYSTEMS – BRITAIN,
CANADA, AUSTRALIA

BRITAIN
The Evolutionary Process
European Influences
CANADA
The Evolutionary Process
AUSTRALIA
The Evolutionary Process and Special Dispute Structure
BRITAIN
Conclusions
CANADA/AUSTRALIA
Conclusions

CHAPTER 3 - PICKETING: ANALYSED WITH REGARD TO THE OPERATION OF THE CRIMINAL LAW AND THE ROLE THE POLICE AND STATE PLAY IN ITS ENFORCEMENT

BRITAIN
Public Order - Assemblies of Persons
CANADA
Public Order - Assemblies of Persons - Differing Laws of the Provinces
BRITAIN
Public Order - Words, Behaviour, Displays
CANADA
Public Order - Words, Behaviour, Displays
BRITAIN
Police Act 1964
Conspiracy Cases
New Statutory Criminal Offences in a Trade Dispute
CANADA
Watching and Besetting
BRITISH AND CANADIAN STATUTES COMPARED
AUSTRALIA
Watching and Besetting

CHAPTER 4 - PICKETING: CIVIL LAW EXAMINED IN RELATION TO STATE CONTROL THROUGH THE CIVIL LAW

BRITAIN
Immunities
Peaceful Picketing
Liabilities with regard to Civil Law
Limitation of Immunities
Liability under the Civil Law
Public Nuisance
Trespass to the Highway
BRITAIN
Vicarious Liability
Civil Conspiracy
CANADA.
General Provisions
Employees Place of Work
Inducing breach of Contract
Nuisance
AUSTRALIA
Breach of Contract
Trespass
Nuisance

CHAPTER 5 - PICKETING: THE ROLE OF THE COURTS VIEWED FROM THE PERSPECTIVE OF THEIR FUNCTIONS WITH REGARD TO CONSTITUTIONAL GUARANTEES AND MINIMUM STANDARDS UNDER CONVENTIONS

BRITAIN
European Convention of Human Rights Article10
European Convention of Human Rights Article 11
International Labour Organisation
Judicial Review
CANADA
Charter of Rights and Freedoms
Charter Hinge Principles, Breach and Justification
Evaluation of Canadian Charter and other Protective Measures

CHAPTER 6 - PICKETING: INJUNCTIONS AND THE ISSUES SURROUNDING INJUNCTIONS AS AN ACTIVE MEANS OF CONTROLLING PICKETING EFFECTIVENESS

BRITAIN
Vicarious Liability
Representative Action
Contempt of Court and Injunctions
CANADA
Contumacious Contempt
AUSTRALIA

CHAPTER 7 - PICKETING: RECENT TRENDS IN PICKETING AND ITS INTERACTION ON THE EVOLUTION OF POLITICAL CHANGE AND LABOUR LAW ENACTMENTS

BRITAIN
Britain’s Present Labour Law Enactments
Observations on These Restrictive Labour Law Practices
IMPACT OF ARTICLES 3 AND 8 OF ILO CONVENTION 87
CANADA
Proximity Rule
Other Canadian Provinces
AUSTRALIA
CONCLUSION

POSTSCRIPT - PICKETING: ALL DIRECTIONS FOCUSED – OLD FOUNDATIONS, NEW HORIZONS

APPENDICES

APPENDIX A: INTERNATIONAL ORGANISATIONS, CONVENTIONS AND DECLARATIONS APPLICABLE TO PICKETING

INTERNATIONAL LABOUR ORGANISATION - DECLARATION OF PHILADELPHIA –MAY 1944
INTERNATIONAL LABOUR ORGANISATION - DECLARATION OF FUNDAMENTAL PRINCIPLES AND RIGHTS AT WORK - JUNE 1998
INTERNATIONAL LABOUR ORGANISATION CONVENTION 87
UNITED NATIONS - UNIVERSAL DECLARATION OF HUMAN RIGHTS DECEMBER 1948
COUNCIL OF EUROPE - CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS NOVEMBER 1950

APPENDIX B: PROTECTIVE STANDARDS APPLICABLE TO PICKETING

DEPARTMENT OF TRADE AND INDUSTRY
CODE OF PRACTICE ON PICKETING - SEPTEMBER 1989
CANADIAN CHARTER OF RIGHTS AND FREEDOMS 1982
ACTU: AUSTRALIAN COUNCIL OF TRADE UNIONS
PICKETING AND DEMONSTRATION GUIDELINES ENDORSED BY THE ACTU
EXECUTIVE - JULY 2003
Picketer and Demonstrator Responsibilities

APPENDIX C: TRADE UNION ORGANISATIONS

BRITAIN
CANADA
Local Canadian Federations
AUSTRALIA
INTERNATIONAL ORGANISATIONS

APPENDIX D: BARRISTERS CHAMBERS SPECIALISING IN LABOUR AND INDUSTRIAL LAW

BRITAIN
CANADA
AUSTRALIA

APPENDIX E: BIBLIOGRAPHY

BRITAIN
Text Books
Specialist Books On Labour Law
Journals
CANADA
Text Books
Journals
AUSTRALIA
Text Books
Journals
INTERNATIONAL BOOKS ON PICKETING

INDEX

Bookshops - Where can you purchase the International Picketing Publication?

UK bookshops

The Book Place

W.H.Smith

Amazon.co.uk

Wildy&Co

Hammicks Legal Bookshop

Blackwells Bookshop

International bookshops

Gnist, Norway

AKADEMIKA, Norway

Amazon.co Japan

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