Enron and One.Tel: employee entitlements after employer insolvency in the United States and Australia (Australian renegades championing the American dream?)

Floyd, Louise W. (2003) Enron and One.Tel: employee entitlements after employer insolvency in the United States and Australia (Australian renegades championing the American dream?). SMU Law Review, 56. pp. 975-1004.

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Abstract

LARGE-scale corporate collapse is, sadly, a familiar problem in the United States and Australia. The issues raised by such calamities, in terms of corporate governance and accounting standards, are being addressed by articles in the fall edition of this journal that deal with the Sarbanes-Oxley Act of 2002. This paper deals with the further, equally important part of the tragedy of corporate insolvency-the losses to workers of not just their jobs, but their unpaid wage and holiday entitlements as well as their retirement savings.

This article is structured in three parts: Part I introduces the types of labour systems that exist in the United States and Australia; Part II discusses the application of the law as analysed through case studies of the "cause celebre" -America's Enron and Australia's One.Tel; and Part III discusses the current law reform measures being debated and pursued.

Item ID: 5466
Item Type: Article (Refereed Research - C1)
ISSN: 1066-1271
Date Deposited: 14 Jul 2010 22:45
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180118 Labour Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9402 Government and Politics > 940299 Government and Politics not elsewhere classified @ 100%
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