Deconstructing the Heteronormative Worker or Queering a Jurisprudence of Labour: A Case Study of Family and Personal/Carer's Leave in Australian Labour Law

Law in Context, Vol. 23, No. 1, 2005

Posted: 7 Aug 2006 Last revised: 10 May 2016

Abstract

This paper explores the positioning of the family and (hetero)sexuality in current work/family scholarship. The primary contention is that labour law is a relation of power that normalises the sexuality of the worker. The idea of liberating the pre-given 'family' of the work/family conflict is rendered problematic. Through a case study of the Family Leave and the Personal Carer's Leave test cases, this article reveals the worker as productive of an array of heteronormative discourses, which foreclose certain employment entitlements for non-heterosexual workers and more prominently, reconstitutes an ideal of the worker as always-already heterosexual.

JEL Classification: K31

Suggested Citation

Trabsky, Marc, Deconstructing the Heteronormative Worker or Queering a Jurisprudence of Labour: A Case Study of Family and Personal/Carer's Leave in Australian Labour Law. Law in Context, Vol. 23, No. 1, 2005, Available at SSRN: https://ssrn.com/abstract=922220

Marc Trabsky (Contact Author)

La Trobe Law School ( email )

La Trobe University
Melbourne, VIC 3086 3086
Australia

HOME PAGE: http://https://scholars.latrobe.edu.au/display/mtrabsky

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