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The Role of Deterrence in Enforcing Employment Standards

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Room 920, level 9

Melbourne Law School

185 Pelham Street

Carlton, Vic 3053

Australia

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Eric Tucker, Professor, Osgoode Hall Law School, York University, Distinguished Scholar in Residence, Cleveland Marshall College of Law, Cleveland State University

Professor John Howe, Centre for Employment and Labour Relations Law, Melbourne Law School

Dr Tess Hardy, Centre for Employment and Labour Relations Law, Melbourne Law School

The Role of Deterrence in Enforcing Employment Standards: Recent Research from Canada and Australia

Canadian temporary foreign worker programs have been proliferating in recent years. While much attention has deservedly focused on programs that target so-called low skilled workers, such as seasonal agricultural workers and live-in caregivers, other programs have been expanding, and have recently been re-organized into the International Mobility Program (IMP). Streams within the IMP are quite diverse and there are few legal limits on their growth. One of these, inter-company transfers (ICTs), are not new, but historically it was restricted to professional and managerial workers, however other categories, with more permeable and expansive boundaries, are opening up at the same time that trade agreements also expand labour mobility. As a result, unions may increasingly face the prospect of organizing workplaces where ICTs and other migrant workers are employed alongside permanent employees, raising difficult legal issues and strategic dilemmas. This article presents a detailed case study one union’s response to this situation.

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Room 920, level 9

Melbourne Law School

185 Pelham Street

Carlton, Vic 3053

Australia

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