Privatization of Wrongful Dismissal Protection in Comparative Perspective

Matthew W. Finkin

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Legal and Labor Studies Labor Law and Work Dynamics Dispute Resolution and Class Actions

Abstract

The US Supreme Court has allowed employers to sweep employee claims of violation of most labour protective law into arbitration systems that employers unilaterally establish. The law would not allow employers in the UK, France or Germany to do so. This essay explores how and why that is so in each of these countries. It explains the US exceptionalism by reference to public choice theory, ie, by resort to the economics of judicial shirking.

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2023Transnational judicial dialogue and worker protection in the gig economy

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