The Case Against Specialist Jurisdiction for Labour Law: The Philosophical Assumptions of a Common Law for Labour Relations

Abstract

The aim of this paper is to outline the philosophical assumptions that form the basis of the present call for the abolition of specialist jurisdiction for labour law in New Zealand The discussion here focuses on Epstein's (1983a) "A common law for labour relations ..." because it is the key statement of the case against a specialist jurisdiction, and the conclusions he advances have played an important role in the debate about labour law in New Zealand While academic literature has been largely critical of the call for the abolition of the Employment Court, there have been very few attempts to come to terms with the types of arguments used by the "abolitionists". It is argued that an adequate critique needs to be built on an understanding of the philosophical assumptions that are driving the current changes in labour relations legislation.