Pros And Consequences Of Labour Law

I find prosecutions and penalties as one of the most important concerns raised in the report as the issue is that currently we do not have any credible threat of prosecutions for violations of the Labour Relations Act, they are rare and many cases get dismissed or accommodated (C.M. Mitchell., J.C. Murray, pg. 107, 110). This is proven as from the years of 2004-2014 the OLRB had thousands of unfair labour practice complaints filed, but from 10 years only 29 applications were given consent to prosecute and out of those 29 only 3 were granted. (C.M. Mitchell., J.C. Murray, pg. 107). This proves that the LRA does not take these prosecutions or penalties seriously as many employers, business’ or unions avoid any penalties whatsoever. These prosecutions …show more content…
I think this is wrong as this issue is significant because serious unfair labour practices happen, and they occur regularly. Just because prosecutions and penalties are negative and are only put in place after a illegal practice happens, does not make them any less effective. I would argue and say it makes the laws more effective as it can prevent illegal activities from taking place if there is a clear set punishment/hefty fine the perpetrator would want to avoid at all costs. The other argument that there can not be an effective system of labour law that can stay inside mandated rules is not valid as if there was a Director of Enforcement or OLRB is given authority to provide penalties, and specific guidelines and rules it could ensure guilty parties are penalized are so due to this specific rule or guideline set. As well as the OLRB The Director will be in the best position to assess the strengths and weaknesses of a case, to assess how best to serve the public interest and to take into account the views and the rights of the parties in deciding whether and on what terms to settle, as discussed in the