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The International Labour Law Reports is a series of annual publications of labour law judgements by the highest courts in a number of jurisdictions. ILLR is intended primarily for the use of judges, labour law practitioners, industrial relations specialists and students who need or desire ready access to authoritative information of a comparative nature on problems arising in the field of labour law and industrial relations. Each judgement reprinted in ILLR is accompanied by Headnotes and in practically all cases by an Annotation which sets forth, among other things, the legal issues involved, the basic facts of the case (if not included in the judgement itself), the relevant statutory provisions and judicial precedents, the labour law and industrial relations context in which the case arose and the significance of the judgement in the development of the law. As a rule, judgements are printed in extenso; editorial discretion has been relied upon to delete or to summarize portions of judgements that are purely technical or only of marginal interest. This volume covers the period 1 October 2004 to 30 September 2005.
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INTERNATIONAL LABOUR LAW REPORTS
This volume covers the period 1 October 2004 to 30 September 2005
INTERNATIONAL LABOUR LAW REPORTS VOLUME 25
Editor ALAN GLADSTONE Geneva, Switzerland Editorial Board
Prof. ALVIN GOLDMAN University of Kentucky Prof. TORE SIGEMAN University of Uppsala Prof. JEAN-MAURICE VERDIER University of Paris, Nanterre Prof. LORD WEDDERBURN OF CHARLTON London School of Economics and Political Science University of London Prof. MANFRED WEISS University of Frankfurt
Founding Editor The late JUSTICE ZVI H. BAR-NIV
MARTINUS NIJHOFF PUBLISHERS LEIDEN/BOSTON
A C.I.P. Catalogue record for this book in available from the Library of Congress.
Printed on acid-free paper.
ISBN-10 90 04 15586 4 ISBN-13 978 90 04 15586 2 © 2007 by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Hotei Publishers, IDC Publishers, Martinus Nijhoff Publishers and VSP. http://www.brill.nl All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher.
Authorization to photocopy items for internal or external use is granted by Brill Academic Publishers provided that the appropriate fees are paid diectly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers MA 01923, USA. Fees are subject to change.
Printed and bound in The Netherlands.
DEDICATION Benjamin Aaron, Professor of Law Emeritus at the University of California School of Law, Los Angeles and former (and Honorary) President of the International Society for Labour Law and Social Security, has withdrawn from the Editorial Board of the International Labour Law Reports and as co-reporter for the United States. Professor Aaron has long been a pillar of this publication, contributing to it his rich experience, wise advice and comparative labour law expertise. He has been replaced on the Editorial Board by Professor Alvin Goldman, University of Kentucky College of Law, who will also continue as coreporter for the United States. Professor Joseph Grodin, University of California, Hastings College of Law, has replaced Professor Aaron as co-reporter for the United States . It is with deep gratitude and affection that we dedicate this volume of the ILLR to Ben Aaron.
CONTENTS
LIST OF REPORTERS
ix
LIST OF CASES – BY JURISDICTION
xiii
LIST OF CASES – BY SUBJECT MATTER
xvii
Part One GENERAL PRINCIPLES OF LABOUR LAW AND KEY CONCEPTS