Determinants of Israeli judicial discretion in issuing injunctions against strikers

Guy Mundlak, Itzhak Harpaz

Research output: Contribution to journalArticlepeer-review

Abstract

The study examines all cases (1990-7) in Israel in which employers petitioned the labour court to issue an injunction against striking workers, and identifies how judges use their discretion in deciding the petition. The findings indicate that, judicial rhetoric to the contrary, the labour court limits its considerations almost solely to the parties' formal compliance with the legal rule. The implications of these findings for the relationship of the legal and industrial relations systems are discussed, particularly with reference to the dual task of labour law: to govern the industrial relations system, and to facilitate its autonomy.

Original languageEnglish
Pages (from-to)753-777
Number of pages25
JournalBritish Journal of Industrial Relations
Volume40
Issue number4
DOIs
StatePublished - Dec 2002

Fingerprint

Dive into the research topics of 'Determinants of Israeli judicial discretion in issuing injunctions against strikers'. Together they form a unique fingerprint.

Cite this