DOCSLIB.ORG

Practical and Principle-Based Arguments for a Revised Remedy Regime for Unfair Dismissal in Australia

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Practical and Principle-Based Arguments for a Revised Remedy Regime for Unfair Dismissal in Australia “TO THE ADVANTAGE OF ALL CONCERNED”: PRACTICAL AND PRINCIPLE-BASED ARGUMENTS FOR A REVISED REMEDY REGIME FOR UNFAIR DISMISSAL IN AUSTRALIA by DAVID WOOLIAS A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS in THE FACULTY OF GRADUATE STUDIES (Law) THE UNIVERSITY OF BRITISH COLUMBIA (Vancouver) April 2012 © David Woolias, 2012 ABSTRACT Among the extensive literature on the merits of unfair dismissal laws, comparatively little attention has been paid to the key issue of which remedies, and in what form, can best give effect to those laws. In order to address this gap in the literature, this thesis examines remedies for unfair dismissal through an empirical study of all unfair dismissal decisions handed down in Australia during the 2010-2011 financial year by the Australian federal employment tribunal. This thesis also contains a detailed analysis of the theoretical underpinnings of the current remedy regime for unfair dismissal in Australia – which comprises reinstatement and monetary compensation subject to a statutory cap – to assess the merits of those remedies from the perspective of principle. The results of the analysis reveal some troubling issues of both practice and principle. First, there is a significant divergence between the law as it appears on the statute books in relation to remedies for unfair dismissal (which emphasises reinstatement and making whole the loss suffered by the unfairly dismissed employee) and the law as it actually operates in practice (in which reinstatement is awarded infrequently and the quantum of compensation ordered in lieu of reinstatement is generally small). Second, this problem is particularly acute for self-represented applicants. An economic decision-making model is used to show that, in particular, it is likely that this problem causes self-represented applicants to reject settlement offers which they should rationally accept. Third, neither compensation nor reinstatement is capable of fully realising the purposes that the remedy regime is designed to achieve. In particular, the availability of the remedy of reinstatement against the will of an employer is unsupportable in principle and fails to afford employers a “fair go all round”. The thesis concludes by proposing that the remedy regime for unfair dismissal in Australia be modified to provide only the remedy of compensation, subject to a significantly larger statutory cap than that which presently applies. It is likely that similar modifications would benefit other jurisdictions around the world, such as Canada and the United Kingdom, which have similar statutory unfair dismissal laws to Australia. ii TABLE OF CONTENTS ABSTRACT ............................................................................................................... ii TABLE OF CONTENTS ........................................................................................... iii LIST OF TABLES ..................................................................................................... vi ACKNOWLEDGEMENTS ....................................................................................... vii 1.0 INTRODUCTION ............................................................................................ 1 1.1 Background .......................................................................................... 1 1.2 The purpose of this thesis .................................................................... 8 1.3 Remedies for unfair dismissal: the scholarship to date ...................... 10 (a) Descriptions / comparisons of remedy regimes operating in different jurisdictions ................................................................ 11 (b) Empirical studies of attitudes towards, or outcomes of, particular remedy regimes ....................................................................... 14 (c) Analyses of the merits of possible remedy regimes ................. 22 (d) The contribution of this thesis to the literature ......................... 27 1.4 Outline of methodology and conclusions of this thesis ....................... 29 1.5 Scope of this thesis ............................................................................ 31 1.6 Structure of this thesis ........................................................................ 34 1.7 A counter-intuitive proposal ................................................................ 36 2.0 HISTORY OF UNFAIR DISMISSAL LAWS IN AUSTRALIA ....................... 40 2.1 Introduction ........................................................................................ 40 2.2 The current situation........................................................................... 40 (a) The Constitutional backdrop to unfair dismissal laws in Australia ................................................................................................ 40 (b) The federal unfair dismissal laws ............................................. 42 2.3 The development of federal regulation of unfair dismissal ................. 46 (a) First steps: The Industrial Relations Reform Act 1993 (Cth) .... 46 iii (b) Reinstatement becomes the primary remedy: The Workplace Relations Act 1996 (Cth) ......................................................... 51 (c) A dramatic shift in coverage: “Work Choices” 2005 ................. 53 (d) Summary of key points ............................................................ 55 3.0 AUSTRALIAN UNFAIR DISMISSAL LAWS IN PRACTICE – AN EMPIRICAL ANALYSIS ............................................................................... 56 3.1 Introduction and overview .................................................................. 56 3.2 Methodology for the empirical analysis .............................................. 57 (a) Identifying the relevant decisions ............................................. 57 (b) Recording relevant metrics ...................................................... 59 (c) Consolidating the data ............................................................. 62 3.3 Findings .............................................................................................. 64 (a) Outcomes of applications ........................................................ 65 (b) Remedies ordered when dismissed employees are successful at hearing ................................................................................ 69 (c) The length of hearings and the representation of the parties .. 75 (d) The special case of the self-represented applicant .................. 80 4.0 MODELLING THE DECISION TO SETTLE – THE CASE OF THE SELF- REPRESENTED APPLICANT ...................................................................... 85 4.1 The decision to settle from the perspective of the dismissed employee ........................................................................................................... 85 (a) Determining the values of each variable in the model ............. 87 (b) Valuing reinstatement .............................................................. 89 4.2 The decision to settle from the perspective of the employer .............. 95 (a) Determining the values of each variable in the model ............. 96 4.3 The settlement decision – bringing the two halves of the analysis together ............................................................................................ 100 4.4 Explanations for the behaviour of self-represented litigants ............. 101 5.0 AUSTRALIAN UNFAIR DISMISSAL LAWS IN THEORY – EVALUATING THE THEORETICAL UNDERPINNINGS OF THE CURRENT REMEDY REGIME ...................................................................................................... 107 iv 5.1 Introduction and overview ................................................................ 107 5.2 The purpose of providing remedies for unfair dismissal ................... 109 5.3 A theoretical analysis of compensation as a remedy for unfair dismissal .......................................................................................... 113 (a) Is compensation capable of making whole the losses suffered by the unfairly dismissed employee? ..................................... 113 (b) Is compensation a remedy that is fair to both employers and employees alike? ................................................................... 117 5.4 A theoretical analysis of reinstatement as a remedy for unfair dismissal ......................................................................................................... 119 (a) Is reinstatement capable of making whole the losses suffered by the unfairly dismissed employee? .......................................... 119 (b) Is reinstatement a remedy that is fair to both employers and employees alike? ................................................................... 120 6.0 OPTIONS FOR IMPROVING THE CURRENT REMEDY REGIME ............ 135 6.1 Introduction ...................................................................................... 135 6.2 The six problems with the current remedy regime identified in this thesis ................................................................................................ 136 6.3 Options for improving the remedy regime for unfair dismissal in Australia ........................................................................................... 138 (a) Options for modifying the remedy of reinstatement ............... 139 (b) Options for modifying the remedy of compensation ............... 149 6.4 Summary of recommendations .......................................................
Load more

Recommended publications
  • Reform of the Telecommunications Industry Ombudsman
    Reform of the Telecommunications Industry Ombudsman May 2012 Table of contents Executive summary ................................................................................................................................. 5 Recommendations .................................................................................................................................. 7 Recommendation 1: Improved regulatory framework ........................................................................ 7 Recommendation 2: Compliance incentives ........................................................................................ 7 Part 1: Regulatory Compliance incentives....................................................................................... 7 Part 2: Referral of non-compliance to the ACMA ........................................................................... 7 Part 3: Public reporting of non-compliance and binding decisions and non-binding recommendations ............................................................................................................... 8 Part 4: Improving industry’s Internal Dispute Resolution (IDR) mechanisms ................................. 8 Recommendation 3: Systemic issues ................................................................................................... 8 Recommendation 4: Governance structure ......................................................................................... 9 Part 1: Unitary governance structure .............................................................................................
    [Show full text]
  • C:\Working Papers\10525.Wpd
    NBER WORKING PAPER SERIES THE GERMAN PUBLIC PENSION SYSTEM: HOW IT WAS, HOW IT WILL BE Axel Börsch-Supan Christina B. Wilke Working Paper 10525 http://www.nber.org/papers/w10525 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 May 2004 This paper was commissioned by the Michigan Retirement Research Center (MRRC). Additional financial support was provided by the National Institute on Aging (NIA) through the NBER, the German Science Foundation (DFG) through the Sonderforschungsbereich 504, the State of Baden-Württemberg and the German Insurers Association (GDV). We are grateful for many helpful comments by Anette Reil-Held and the participants of the MRRC Conference on Improving Social Security Programs at the University of Maryland, September 13, 2003. The views expressed herein are those of the author(s) and not necessarily those of the National Bureau of Economic Research. ©2004 by Axel Börsch-Supan and Christina B. Wilke. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. The German Public Pension System: How it Was, How it Will Be Axel Börsch-Supan and Christina B. Wilke NBER Working Paper No. 10525 May 2004 JEL No. H0, H8 ABSTRACT Germany still has a very generous public pay-as-you-go pension system. It is characterized by early effective retirement ages and very high effective replacement rates. Most workers receive virtually all of their retirement income from this public retirement insurance. Costs are almost 12 percent of GDP, more than 2.5 times as much as the U.S.
    [Show full text]
  • The Daily Egyptian, September 01, 1995
    Southern Illinois University Carbondale OpenSIUC September 1995 Daily Egyptian 1995 9-1-1995 The Daily Egyptian, September 01, 1995 Daily Egyptian Staff Follow this and additional works at: https://opensiuc.lib.siu.edu/de_September1995 Volume 81, Issue 10 This Article is brought to you for free and open access by the Daily Egyptian 1995 at OpenSIUC. It has been accepted for inclusion in September 1995 by an authorized administrator of OpenSIUC. For more information, please contact [email protected]. Inside: USG establishes task force to examine USSA's importance to SIUC - page 3 9 Daily Egyptian F,r~tt Southern Illinois University at Carbondale Vol. 81, No. 10, 24 pages Clin,ton's visit official! White House confirms: He's coming Sept. 11 By David R. Kasak Belleville. said 'This i.~ obviously a "Obviously this is a great opportunity Loan Program, will accompany Gus Bode and Donita Polly great boost for SIU and a very appro­ that will put SIU in the national and Clinton during his visit. D,,ilv Eg,1it,an Reporters priate location for a speech on student international spotlight.'' Sanders said SrlJC Financial Aid Director Pam aid and higher cducatinn:· "It will show what a great Britton said there is a great deal of A flcr nearly a week of speculation. Jack Dyer. executive director of Univcrsitv SIUC is. a.< well a., what it concern right now about the cuts to a White House official confirmed Universitv Relations, r.aid he i, does for Southern lllinoi;.'" he ,aid. the Direct Student Loan Program. Thursday that President Bill Clinton thrilk-<l about the visit and focls thi~ David Carle.
    [Show full text]
  • Rethinking the Reinstatement Remedy in Unfair Dismissal Law
    Elizabeth Shi* and Freeman Zhong** RETHINKING THE REINSTATEMENT REMEDY IN UNFAIR DISMISSAL LAW ABSTRACT Reinstatement is said to be the primary remedy for unfair dismissal under the Fair Work Act 2009 (Cth). The Fair Work Commission is granted a broad discretion to determine whether to award reinstatement, but in the vast majority of cases it does not do so. This article considers the purpose of reinstatement by reference to the context and history of the unfair dismissal provisions, and argues that it is aimed at protecting the individual interests of the employees. This statutory context must be considered when the Fair Work Commission exercises its discretion in granting or refusing reinstatement. It is argued that the Fair Work Commission, in exercising its discretion, has overlooked some of this context and frustrated some of the purposes of the Act. This article makes some suggestions for reform of the law of reinstatement. I INTRODUCTION nder the Fair Work Act 2009 (Cth) (‘Fair Work Act’), reinstatement is to be the ‘primary remedy’ for unfair dismissal,1 with compensation being awarded Uonly if reinstatement is inappropriate.2 However, reinstatement is awarded only rarely in Australia. Of 182 dismissals found to be unfair by the Fair Work Commission (‘FWC’) in 2016–17, only 25 resulted in an award of reinstatement.3 Without further empirical research, it is not possible to conclusively determine exactly why reinstatement is so rarely awarded. In many cases, the jurisdictional and procedural requirements for unfair dismissal claims may hinder the ability of some workers, or some classes of workers, to seek unfair dismissal remedies.
    [Show full text]
  • Mass Layoffs and Collective Redundancies Guide MASS LAYOFFS and COLLECTIVE REDUNDANCIES GUIDE
    Mass layoffs and collective redundancies guide MASS LAYOFFS AND COLLECTIVE REDUNDANCIES GUIDE Overview As COVID-19 continues to impact the global economy in unprecedented ways, companies that have had to scale back or shut down operations are bracing for what the next few months will bring, and what this means for their workforces. While the hope is that most workforce measures will be temporary – whether that’s furlough, short-term closures, hiring freezes etc. – given the scale and fluidity of the pandemic, other longer term measures may become necessary over time. Even though these current circumstances are extraordinary, employers remain subject to important legal obligations when considering permanent layoffs, which vary significantly across countries. In this publication, we examine key considerations for employers looking to make permanent reductions in force across the Asia Pacific region. 2 DLAPIPER.COM Generally, is it permissible for companies to conduct mass layoffs and/or collective redundancies in your jurisdiction? Australia It is permissible for companies to conduct mass layoffs and/or collective redundancies in Australia. The Fair Work Act 2009 oversees most Australian workplaces and sets out the minimum redundancy procedure that an employer must follow. However, particular state legislation and industrial instruments (such as awards and enterprise agreements) may apply to entities that are not covered by the federal industrial relations system (most commonly state civil servants) and may stipulate a separate procedure for redundancy. China It can be difficult for an employer to establish sufficient grounds for redundancy in China. Where an employee is made redundant in China, the provisions of the Employment Contract Law (ECL) must be complied with.
    [Show full text]
  • Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism Samuel Estreicher
    NORTH CAROLINA LAW REVIEW Volume 92 | Number 2 Article 2 1-1-2014 Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism Samuel Estreicher Jeffrey M. Hirsch Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Samuel Estreicher & Jeffrey M. Hirsch, Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism, 92 N.C. L. Rev. 343 (2014). Available at: http://scholarship.law.unc.edu/nclr/vol92/iss2/2 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. COMPARATIVE WRONGFUL DISMISSAL LAW: REASSESSING AMERICAN EXCEPTIONALISM' SAMUEL ESTREICHER & JEFFREY M. HIRSCH** Commentators have long debated the merits of the American "at- will" rule, which allows employers and employees to end the employment relationship without cause or notice, absent a constitutional,statutory, or public policy exception. One premise for both proponents and opponents of at-will employment is to stress the uniqueness of this default among other developed countries, which generally require "cause" for most dismissals. Although other countries' cause regimes differ significantly from the United States' on paper, this Article addresses whether those differences in normative law also reflect differences in employees' protection against wrongful termination in reality. The existing literature on dismissal law stops at a comparison of countries' normative laws as they appear on the books. In comprehensively examining the dismissal regimes of numerous countries, this Article goes beyond the text of the relevant statutes and cases by using information from foreign employment law practitionersand available data-particularlyclaimants' success * @ 2014 Samuel Estreicher & Jeffrey M.
    [Show full text]
  • Examples of Fair and Unfair Dismissal
    Examples Of Fair And Unfair Dismissal Contractile Zack miscalculate some sweepers after ascitic Daren close-up half-yearly. Humble Dale decolourising Christianly. Ominously chain-driven, Clay caroms postponements and disinters cavalla. Was the employee notified of the valid reason and given an opportunity to respond? If you would like a deeper explanation of unfair dismissal, read on through the rest of the resources on this page. In these circumstances, a lump sum can be negotiated and which is loosely based on the principles set out below. The technology to improve their contract is a company is unfair international labour court of services were of fair work fully protected industrial relations system. Termination of employment at the initiative of the employer. Need help proving constructive dismissal? What is MBA Skool? For unfair dismissal issue is paid by google webfonts, and fair unfair dismissal of the fwc can make an investigation of. In weighing up the interests of the respective parties it is of paramount importance to ensure that a delicate balance is achieved so as to give credence not only to commercial reality but also to a respect for human dignity. The employee resigned without unreasonable delay. Examples of serious misconduct include theft, fraud, violence and serious safety breaches. In deciding the employee from a claim for disciplinary warning, or parental leave and fair dismissal of unfair dismissal claim that you should be psychologically very exceptional cases? Not all dismissals are unfair. Any reason that does not fall within the above. Madden denied any knowledge of the allegations the decision was made to sack him following an investigation of other employees.
    [Show full text]
  • Impact of News Reporting on Victims and Survivors of Traumatic Events
    CORE Metadata, citation and similar papers at core.ac.uk Provided by Research Online Asia Pacific Media ducatE or Issue 7 Article 4 7-1999 Fair game or fair go? Impact of news reporting on victims and survivors of traumatic events T. McLellan Queensland University of Technology Follow this and additional works at: https://ro.uow.edu.au/apme Recommended Citation McLellan, T., Fair game or fair go? Impact of news reporting on victims and survivors of traumatic events, Asia Pacific Media ducatE or, 7, 1999, 53-73. Available at:https://ro.uow.edu.au/apme/vol1/iss7/4 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] TRINA McLELLAN: Fair game or fair go? ... Fair Game Or Fair Go? Impact Of News Reporting On Victims And Survivors Of Traumatic Events When traumatic incidents occur, victims and survivors – as well as their families, friends and immediate communities – respond in varying ways. Over the past century, however, researchers have mapped common psychosocial consequences for victims/survivors in their studies of what has come to be known as Post-Traumatic Stress Disorder (PTSD). Over the same period, journalists and news media managers have adopted local, medium-specific and industry-wide journalistic standards for acceptable ethical and operational behaviours when it comes to covering such incidents. Yet, despite numerous prescriptive codes – and growing public criticism – Australia’s news media continues to confront victims/ survivors in large numbers when they are at their most vulnerable... and sometimes in ways that are, at best, questionable.
    [Show full text]
  • Unfair Dismissal for Australian Workers: the Hundred-Year Journey
    Asian Academy of Management Journal, Vol. 20, No. 1, 147–164, 2015 UNFAIR DISMISSAL FOR AUSTRALIAN WORKERS: THE HUNDRED-YEAR JOURNEY Kim Southey School of Management and Enterprise, Faculty of Business, Education, Law and Arts, University of Southern Queensland, Toowoomba Queensland 4350 Australia E-mail: [email protected] ABSTRACT This paper examines the journey Australia traversed in the development at of the unfair dismissal protections it provides the majority of its workers, since the nation's Federation in 1901. Historically, the country's Constitutional "heads of power" were intended to prohibit the federal government from regulating individual aspects of the employment relationship. Over time, such interpretations of the constitutional powers were challenged by governing parties, resulting in the modern-day, "national" unfair dismissal protections afforded to the majority of workers. The journey Australians traversed during the architecture of their current unfair dismissal legislation provides a lesson on a government's ability to conjure significant influence on individual arrangements between management and workers. Despite Australia's participation in the worldwide, neoliberal push to deregulate labour markets, the protection of workers from unfair dismissal is an explicit matter in the employment relationship attracting increased regulation through industrial legislation. This paper culminates in reporting the consequences facing employers who improperly administer dismissals and how employers can take steps to mitigate such risks. Keywords: unfair dismissal, neoliberal termination of employment, industrial legislation, labour market INTRODUCTION Legal protection against the unjust termination of employees from their jobs has held significant prominence in Australia's industrial landscape, particularly during the past thirty years. In Australia, "unfair dismissal" refers to the termination of an employee's service without the employer exercising due care for the worker's right to procedural justice.
    [Show full text]
  • Fair Go Needed in Bottom-End Finance
    VOLUME 5 ISSUE 2 APRIL 2014 Fair go needed TOYOta’S KING in bottom-end $5MILLION finance IN THE RED well-known Toyota fran- chise is up for sale, after it air Go host and journalist Gordon Harcourt told AutoTalk this week it A entered receivership this Harcourt has finally got what he was not his place to comment on the week owing creditors an esti- Fhas been waiting three years for sentence. mated $5 million. - the ability to report fully on the prac- “But I think the authorities have Owner and managing direc- tices of Mount Maunganui done a good job,” Harcourt tor David Clarke called in the dealer and finance company says. “What does concern me receivers to King Toyota, which owner Alan Spiers and his is I was down in Tauranga a has two sites in Lower Hutt and company MAC Warranties. few weeks ago at the stock other in the Upper Hutt, on late The details of Spiers case cars, and people were coming Tuesday. have been often reported. up to me saying this kind of Clarke is currently overseas. Allegations of vehicles that thing has been going on for Receiver John Fisk of Price- had been repossessed being years.” WaterhouseCoopers told Auto- revealed as ‘wrecks’, and And Harcourt believes Talk the travel was pre-arranged. Gordon Harcourt then being refurbished and such practices continue on “He had some long term plans sold for far higher retail values led to a today. and we agreed he should go,” Commerce Commission investigation. “I would be astonished if it does not says Fisk, noting Clarke will return Spiers and the company both happen elsewhere,” Harcourt says.
    [Show full text]
  • Why Unfair Dismissal Laws Fail to Adequately Protect Labour-Hire Employees in Australia
    Centre for Employment and Labour Relations Law The University of Melbourne May 2011 Student Working Paper No. 6 VULNERABILITY IN THE FAIR WORK-PLACE: WHY UNFAIR DISMISSAL LAWS FAIL TO ADEQUATELY PROTECT LABOUR-HIRE EMPLOYEES IN AUSTRALIA Trina Malone ISSN 1837-1418 The Centre for Employment and Labour Relations Law gratefully acknowledges the support of the following major legal practices and organisations: CONTENTS Vulnerability in the Fair Work-Place: Why unfair dismissal laws fail to adequately protect labour-hire employees in Australia I. INTRODUCTION ......................................................................................................................................... 4 II. EMPLOYEE VULNERABILITY UNDER LABOUR-HIRE ARRANGEMENTS IN AUSTRALIA .................... 6 III. THE INADEQUACY OF CURRENT PROTECTION FOR LABOUR-HIRE EMPLOYEES AGAINST UNFAIR DISMISSAL ................................................................................................................................................... 9 A. The Absence of Legislative Protection for Labour-Hire Employees ............................................. 9 B. The Problematic Nature of Claims made Against the Labour-Hire Firm ................................. 12 1 Complexities Involved in Establishing a Dismissal at the Employer’s Initiative .................. 13 2 Unfair Barriers to Establishing a Harsh, Unjust or Unreasonable Dismissal ........................ 18 IV. CONCLUSION ...........................................................................................................................................
    [Show full text]
  • Employment Protection Legislation
    Employment protection legislation Summary indicators Summary indicators in the area of terminatiwng regular contracts (individual dismissals) contracts regular the areaSummary in indicators (individual of terminatiwng International Labour Office in the area of terminating Inclusive Labour Markets, Labour Relations and Working Conditions Branch (INWORK) regular contracts (individual dismissals) International Labour Office protectionEmployment – legislation Route des Morillons 4 CH – 1211 Geneva 22 Tel. +41 22 799 6754 Fax. +41 22 799 8451 [email protected] www.ilo.org/inwork ILO Inclusive Labour Markets, Labour Relations and Working Conditions Branch Employment protection legislation: Summary indicators in the area of terminating regular contracts (individual dismissals) INTERNATIONAL LABOUR OFFICE - GENEVA Copyright © International Labour Organization 2015 First published 2015 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to the Publications Bureau (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with associated reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit
    [Show full text]