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Pressing the right buttons: Australian case studies in the protection of employee entitlements against corporate insolvency

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  • Helen ANDERSON

Abstract

Looking at recent cases where employees in Australia managed to salvage their accrued entitlements when their company became insolvent, the author considers the factors which contributed to those successful outcomes. Comparing those examples with cases where workers in similar circumstances were not so fortunate, she shows that the successful protection of entitlements is often a matter of timing, strategic choices, innovative approaches, regulator intervention, union pressure, political expediency or a happy confluence of circumstances. Someone, somewhere, has been “pressing the right buttons”. Lessons will be drawn from the cases considered here, she argues.

Suggested Citation

  • Helen ANDERSON, 2014. "Pressing the right buttons: Australian case studies in the protection of employee entitlements against corporate insolvency," International Labour Review, International Labour Organization, vol. 153(1), pages 117-142, March.
  • Handle: RePEc:bla:intlab:v:153:y:2014:i:1:p:117-142
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    File URL: http://hdl.handle.net/10.1111/j.1564-913X.2014.00199.x
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    References listed on IDEAS

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    1. E Houghton & G Dean & P Luckett, 1999. "Insolvent corporate groups with cross guarantees: A forensic-LP Case study in liquidation," Journal of the Operational Research Society, Palgrave Macmillan;The OR Society, vol. 50(5), pages 480-496, May.
    2. Janet Williamson, 2003. "A Trade Union Congress Perspective on the Company Law Review and Corporate Governance Reform since 1997," British Journal of Industrial Relations, London School of Economics, vol. 41(3), pages 511-530, September.
    3. Frank L. Clarke & Graeme Dean & Erne Houghton, 1995. "Cross Guarantees And Negative Pledges: A Preliminary Analysis," Australian Accounting Review, CPA Australia, vol. 5(9), pages 48-63, June.
    4. Ian Bickerdyke & Ralph Lattimore & Alan Madge, 2001. "Safeguards for Workers’ Entitlements," Agenda - A Journal of Policy Analysis and Reform, Australian National University, College of Business and Economics, School of Economics, vol. 8(2), pages 155-170.
    5. John Parkinson, 2003. "Models of the Company and the Employment Relationship," British Journal of Industrial Relations, London School of Economics, vol. 41(3), pages 481-509, September.
    6. Sandra Van Der Laan & Graeme Dean, 2010. "Corporate Groups in Australia: State of Play," Australian Accounting Review, CPA Australia, vol. 20(2), pages 121-133, June.
    7. Kevin Davis & Geoff Burrows, 2003. "Protecting Employee Entitlements," Australian Economic Review, The University of Melbourne, Melbourne Institute of Applied Economic and Social Research, vol. 36(2), pages 173-180, June.
    8. Riley, J, 2003. "Protection for employment entitlements: A legal perspective," Australian Bulletin of Labour, National Institute of Labour Studies, vol. 29(1), pages 31-45.
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    Cited by:

    1. Brad Potter & Matthew Pinnuck & George Tanewski & Sue Wright, 2019. "Keeping it private: financial reporting by large proprietary companies in Australia," Accounting and Finance, Accounting and Finance Association of Australia and New Zealand, vol. 59(1), pages 87-113, March.

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