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The impact of unfair dismissal regulation: Evidence from an Australian natural experiment

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  • Benoit Pierre Freyens
  • Paul Oslington

Abstract

This paper assesses the outcomes of a unique Australian natural experiment with dismissal regulation introduced in 1996, radically reformed in 2006 and reregulated in 2009. Drawing on a large database of unfair dismissal cases, we assess the impact of dismissal regulation on unfair dismissal claims, how they are resolved, and on the determination of compensation amounts. Regulatory changes affect claims and success rates, but there is little change in compensation payments across the three regimes as legal conventions about their calculation were unaffected by the regulatory changes. One theme through all our findings is the large impact of administrative procedures on outcomes.

Suggested Citation

  • Benoit Pierre Freyens & Paul Oslington, 2021. "The impact of unfair dismissal regulation: Evidence from an Australian natural experiment," LABOUR, CEIS, vol. 35(2), pages 264-290, June.
    • Handle: RePEc:bla:labour:v:35:y:2021:i:2:p:264-290
    DOI: 10.1111/labr.12193
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    References listed on IDEAS

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    1. Freyens, Benoit Pierre & Gong, Xiaodong, 2020. "Judicial arbitration of unfair dismissal cases: The role of peer effects," International Review of Law and Economics, Elsevier, vol. 64(C).
    2. Bertola, Giuseppe, 1999. "Microeconomic perspectives on aggregate labor markets," Handbook of Labor Economics, in: O. Ashenfelter & D. Card (ed.), Handbook of Labor Economics, edition 1, volume 3, chapter 45, pages 2985-3028, Elsevier.
    3. Berger, Helge & Neugart, Michael, 2011. "Labor courts, nomination bias, and unemployment in Germany," European Journal of Political Economy, Elsevier, vol. 27(4), pages 659-673.
    4. Giuseppe Bertola, 2004. "A Pure Theory of Job Security and Labour Income Risk," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 71(1), pages 43-61.
    5. Ernst Fehr & Lorenz Goette & Christian Zehnder, 2009. "A Behavioral Account of the Labor Market: The Role of Fairness Concerns," Annual Review of Economics, Annual Reviews, vol. 1(1), pages 355-384, May.
    6. Boeri, Tito & Garibaldi, Pietro & Moen, Espen R., 2017. "Inside severance pay," Journal of Public Economics, Elsevier, vol. 145(C), pages 211-225.
    7. Paul Oslington, 2020. "What is an Australian Job Worth?," Australian Economic Review, The University of Melbourne, Melbourne Institute of Applied Economic and Social Research, vol. 53(4), pages 482-493, December.
    8. John T. Addison & Paulino Teixeira, 2003. "The Economics of Employment Protection," Journal of Labor Research, Transaction Publishers, vol. 24(1), pages 85-129, January.
    9. Pedro S. Martins, 2009. "Dismissals for Cause: The Difference That Just Eight Paragraphs Can Make," Journal of Labor Economics, University of Chicago Press, vol. 27(2), pages 257-279, April.
    10. K.G. Knight & Paul Latreille, 2000. "Discipline, Dismissals and Complaints to Employment Tribunals," British Journal of Industrial Relations, London School of Economics, vol. 38(4), pages 533-555, December.
    11. Lawrence M. Kahn, 2012. "Labor market policy: A comparative view on the costs and benefits of labor market flexibility," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 31(1), pages 94-110, December.
    12. Booth, James Francis & Freyens, Benoit Pierre, 2014. "A study of political activism in labour courts," Economics Letters, Elsevier, vol. 123(3), pages 370-373.
    13. Alexander J. S. Colvin, 2006. "Flexibility and Fairness in Liberal Market Economies: The Comparative Impact of the Legal Environment and High‐Performance Work Systems," British Journal of Industrial Relations, London School of Economics, vol. 44(1), pages 73-97, March.
    14. David H. Autor & John J. Donohue & Stewart J. Schwab, 2004. "The Employment Consequences of Wrongful-Discharge Laws: Large, Small, or None at All?," American Economic Review, American Economic Association, vol. 94(2), pages 440-446, May.
    15. Samuel Bentolila & Giuseppe Bertola, 1990. "Firing Costs and Labour Demand: How Bad is Eurosclerosis?," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 57(3), pages 381-402.
    16. Benoit P. Freyens, 2011. "Dismissal Disputes and the Incentives to Bargain: Estimates of the Contract Zone," ILR Review, Cornell University, ILR School, vol. 64(3), pages 576-598, April.
    17. Per Skedinger, 2010. "Employment Protection Legislation," Books, Edward Elgar Publishing, number 13686.
    18. Stephen Wood & Richard Saundry & Paul Latreille, 2017. "The management of discipline and grievances in British workplaces: the evidence from 2011 WERS," Industrial Relations Journal, Wiley Blackwell, vol. 48(1), pages 2-21, January.
    19. Paul Oslington & Benoit Pierre Freyens, 2013. "A First Look at Incidence and Outcomes of Unfair Dismissal Claims under Fair Work, WorkChoices and the Workplace Relations Act," Australian Journal of Labour Economics (AJLE), Bankwest Curtin Economics Centre (BCEC), Curtin Business School, vol. 16(2), pages 295-306.
    20. George L. Priest & Benjamin Klein, 1984. "The Selection of Disputes for Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 1-56, January.
    21. Benoit Freyens & Paul Oslington, 2007. "Dismissal Costs and Their Impact on Employment: Evidence from Australian Small and Medium Enterprises," The Economic Record, The Economic Society of Australia, vol. 83(260), pages 1-15, March.
    22. Freyens, Benoit Pierre & Gong, Xiaodong, 2017. "Judicial decision making under changing legal standards: The case of dismissal arbitration," Journal of Economic Behavior & Organization, Elsevier, vol. 133(C), pages 108-126.
    23. Vince, Joanna & Smith, Anthony D.M. & Sainsbury, Keith. J. & Cresswell, Ian David & Smith, David C. & Haward, Marcus, 2015. "Australia׳s Oceans Policy: Past, present and future," Marine Policy, Elsevier, vol. 57(C), pages 1-8.
    24. David H. Autor & William R. Kerr & Adriana D. Kugler, 2007. "Does Employment Protection Reduce Productivity? Evidence From US States," Economic Journal, Royal Economic Society, vol. 117(521), pages 189-217, June.
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    Cited by:

    1. Paul Oslington, 2020. "What is an Australian Job Worth?," Australian Economic Review, The University of Melbourne, Melbourne Institute of Applied Economic and Social Research, vol. 53(4), pages 482-493, December.

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