scholarly journals THE NAMIBIAN LABOUR DISPUTE RESOLUTION SYSTEM: SOME LESSONS FROM SOUTH AFRICA

Obiter ◽  
2014 ◽  
Vol 35 (1) ◽  
Author(s):  
Felix Musukubili ◽  
Adriaan van der Walt
Keyword(s):  
South Africa ◽  
Dispute Resolution ◽  
Industrial Relations ◽  
Comparative Approach ◽  
Political Systems ◽  
Labour Relations ◽  
Resolution System ◽  
Labour Dispute ◽  
Social Partners ◽  
Short And Long Term

In Namibia and South Africa respectively, there are social partners (social partners are the workers’ and employers’ organisations in terms of the ILO classification) with common and divergent short- and long-term interests. These divergent interests must be accommodated and reconciled and this process is the subject of labour law and industrial relations. However, the processes employed in Namibia and South Africa vary. The purpose of this comparative article is to highlight and explain the differences between and similarities of the two respective countries’ labour dispute-resolution systems. This comparative approach brings to bear two schools of thought, the first being the convergence school, and the second is the divergence school. The convergence school holds that the influence of industrialisation gradually brings the labour-relations systems of various countries closer to one another. The divergence school, on the other hand, maintains that labour relations are sub-systems of political systems and manifestations of prevailing social and economic conditions. Despite these perspectives above, it should not be taken for granted that systems and institutions are transplantable as it is argued that any attempt to do so may entail a wish of rejection. The reason for this view is premised on the basis that Namibia and South Africa are not identical; there are distinct differences in certain areas, such as economic development. However, the differences between the systems do not mean that Namibia cannot adopt solutions that have proved successful in South Africa or vice versa, and therefore a degree of transferability may be accepted.

scholarly journals TOWARDS AN EFFECTIVE KENYAN LABOUR DISPUTE RESOLUTION SYSTEM: A COMPARISON WITH THE SOUTH AFRICAN LABOUR DISPUTE RESOLUTION SYSTEM

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Johana K Gathongo ◽  
Adriaan van der Walt
Keyword(s):  
Dispute Resolution ◽  
Comparative Approach ◽  
Labour Relations ◽  
Resolution System ◽  
Labour Dispute ◽  
Wide Range ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Government ◽  
Dispute Resolution System

There have been notable concerns in the current dual dispute resolution system in Kenya. The problems include protracted referral timeframes for dismissal disputes, non-regulation of maximum timeframes for the agreed extension after 30 days conciliation period has lapsed, the absence of statutory timeframes for appointing a conciliator/ commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government through the Ministry of Labour. There is still no independent statutory dispute resolution institution as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increase in strikes and lockouts.This article examines the effectiveness of the Kenyan labour dispute resolution system. The article evaluates the provisions of international labour standards relevant to labour dispute resolution. The article illuminates and describes the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. A comparative approach with South Africa is adopted to see how independent institutions, such as the Commission for Conciliation, Mediation and Arbitration, Bargaining Councils and specialised Labour Courts can lead to effective dispute resolution. In view of that, a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study are made. Systematically, the article provides suggestions and possible solutions for a better institutional framework and processes to address them.

Social Dialogue Under Globalization in Nigeria: Does Democracy Add Value?

2007 ◽  
Vol 5 (1) ◽  
Author(s):  
Ifeanyi P. Onyeonoru ◽  
Kehinde Kester
Keyword(s):  
Industrial Relations ◽  
Work Place ◽  
Consensus Building ◽  
International Labour Organisation ◽  
Labour Relations ◽  
Social Dialogue ◽  
Modest Contribution ◽  
Social Partners ◽  
Oil Sector ◽  
The Government

Social dialogue as an aspect of the International Labour Organisation (ILO) is aimed at promoting industrial democracy by encouraging consensus building among social partners in the work place. The significance lies, among others, in minimising conflicts to enable harmonious industrial relations. This study utilized specific case illustrations to examine the inclination of the Nigerian government towards social dialogue in government-labour relations, with particular reference to the Obasanjo era 1999-2007— a period associated with the globalization of democracy. The cases included the minimum wage award 2000, University Autonomy Bill, the price deregulation of the downstream oil sector and the Trade Union Amendment Bill 2004. It was found that the government exhibited a penchant for authoritarianism in spite of the globalization of democracy. This was evident in the incapacity of the Obasanjo government to engage the social partners in social dialogue as indicated by the cases reviewed. The study, however, highlighted the modest contribution to social dialogue made by the wider democratic structure. It was concluded that the government had limited capacity for consensus building, accommodation of opposition and negotiated outcomes in government-labour relations

Is mediation the preferred procedure in labour dispute resolution systems? Evidence from employer–employee matched data in China

2019 ◽  
Vol 62 (1) ◽  
pp. 81-103 ◽  
Author(s):  
Jiaojiao Feng ◽  
Pengxin Xie
Keyword(s):  
Dispute Resolution ◽  
National Level ◽  
Organizational Factors ◽  
Individual Level ◽  
Labour Relations ◽  
Labour Dispute ◽  
Structure Factors ◽  
The Individual ◽  
Matched Data ◽  
The Relationship

This study explores procedural preferences in the historical development of labour dispute resolution systems at the national level and employees’ pre-experience preference to resolve disputes at the individual level. Drawing on two datasets – one from national public statistics and one from China’s employer–employee matched data – we find that mediation has fluctuated in its use and efficacy, and it has re-emerged as an important method to stabilize labour relations. Employees choose internal mediation only if they feel that the enterprise’s mediation committee is selected fairly. Organizational structure factors, such as the enterprise’s size and the effectiveness of the Staff and Workers Representative Congress, moderate the relationship between employees’ perceptions of justice and procedural preferences. This study contributes to the dispute resolution literature by highlighting the interactions between individual perceptions of justice and organizational factors of procedural preference. Additionally, practical implications are offered to aid in the design of dispute resolution systems and improve organizational justice.

Keeping dispute resolution internal: Exploring the role of the industrial relations climate, organizational embeddedness and organizational turbulence

2020 ◽  
pp. 0143831X2095971
Author(s):  
Pengxin Xie ◽  
Lian Zhou
Keyword(s):  
Dispute Resolution ◽  
Industrial Relations ◽  
Theoretical Explanation ◽  
Labour Dispute ◽  
Climate Influences ◽  
Organizational Embeddedness ◽  
High Level ◽  
The Relationship

Drawing on job embeddedness theory, this study investigates how and when the industrial relations climate influences employees’ preference for particular labour dispute resolution procedures. Analyses of multisource and multilevel data from China show that organizational embeddedness mediates the relationship between the industrial relations climate and preference for internal dispute resolution (IDR) and this indirect effect is stronger in organizations with a high level of turbulence. These findings provide novel theoretical explanation of the linkage between the industrial relations climate and employees’ preference for IDR and highlight the interactions between the industrial relations climate and organizational turbulence. Practical implications are also offered to facilitate employees’ preferences for IDR by improving the quality of the industrial relations climate.

scholarly journals Industrial Relations in Norway

1970 ◽  
Vol 6 (3) ◽  
Author(s):  
Bjorn Gustavsen ◽  
Gerry Hunnius
Keyword(s):  
Conflict Resolution ◽  
Industrial Relations ◽  
National Unity ◽  
Trade Union Movement ◽  
Labour Relations ◽  
Democratic Attitudes ◽  
Union Movement ◽  
Resolution System ◽  
Post War ◽  
High Degree

The Norwegian industrial relations system is marked by close co-operation between the state, the employers and the unions and by the high degree of institutionalization of labour relations in general and conflict resolution in particulilr. This co-operation arises partly from industrialisation at a time when democratic attitudes and processes were already established and from the need for national unity in the post-war reconstruction. This co-operation and institutionalization is illustrated by the highly centralised trade union movement and in the formal aspects of the bargaining and conflict resolution system such as the Labour Court and the committees and other bodies associated with the incomes policy and tripartite bargaining system.

scholarly journals The effects of violent strikes on the economy of a developing country: A case of South Africa

Obiter ◽  
2021 ◽  
Vol 41 (3) ◽  
pp. 519-537
Author(s):  
Mlungisi Tenza
Keyword(s):  
South Africa ◽  
Developing Country ◽  
Industrial Relations ◽  
Mining Sector ◽  
Labour Relations ◽  
Short Space ◽  
The Republic

The issue of violent and lengthy strikes has been a feature of South Africa’s industrial relations for a while now. There are no mechanisms in place to curb violent strikes even though their effects are visible in all corners of the Republic. Violent and lengthy strikes have devastating effects on the economy, cause injury to members of the community and non-striking workers, and more particularly poverty as employers would retrench workers if their businesses do not make profit as a result of prolonged non-production. In the mining sector where strikes are a common feature, it has been reported that employers have lost billions of rands through lengthy and violent strikes. The article acknowledges the developments brought about by amendments in the Labour Relations Act, which appears to be short of addressing the situation. The article proposes that if interest arbitration can be introduced into the Labour Relations Act, the situation may change for the better as employers and unions will be compelled to resolve their dispute(s) within a short space of time. It further submits that a strike should be allowed to proceed only if it is lawful and does not involve violence. In addition, the Labour Court should be empowered to intervene in instances where violence has developed and force the parties to arbitration.

scholarly journals Conflict and Cooperation in Labour-Management Relations. A Comparative Approach: Canada-Poland

2019 ◽  
Vol 25 (1) ◽  
pp. 83-93
Author(s):  
Jerzy Wratny
Keyword(s):  
Market Economy ◽  
Industrial Relations ◽  
Legal Reform ◽  
Comparative Approach ◽  
Labour Relations ◽  
Conflict And Cooperation ◽  
Evolution And Development ◽  
Social Negotiations ◽  
Communist Government ◽  
Democratic Country

Until 1980, labour relations in Poland were entirely run by the state. As a result of massive strikes and social negotiations the first independent trade union “Solidarność” was established. The 1989 elections, which lead to the defeat of the Communist government, finally opened the door for legal reform of the Polish industrial relations model. In this article, the author examines the evolution and development of the Polish labour relations system in contrast with the situation and latest trends of labour negotiations in Canada, a democratic country with a market economy.

scholarly journals Implementing a South African E-Dispute Resolution System For Consumer Disputes

Obiter ◽  
2020 ◽  
Vol 41 (2) ◽  
pp. 371-395
Author(s):  
Sershiv Reddy
Keyword(s):  
Artificial Intelligence ◽  
South Africa ◽  
Dispute Resolution ◽  
South African ◽  
Industrial Revolution ◽  
Online Dispute Resolution ◽  
Consumer Protection Act ◽  
Technological Advances ◽  
Resolution System ◽  
Dispute Resolution System

In the 1990s, online dispute resolution became more prevalent with the growth of the Internet and its accompanying issues. Yet despite the apparent advantages of online dispute resolution platforms, South Africa has lagged behind in using such a system for consumer disputes. It has become necessary to appeal for the use of an online system since courts are often too costly and backlogged with other disputes; and existing consumer mechanisms found in the Consumer Protection Act 68 of 2008 have proved to be ineffectual. With the expansion of artificial intelligence and South Africa now entering the Fourth Industrial Revolution, it is evident that reforms to consumer laws may be necessary to keep up with technological advances, as well as to expedite consumer disputes. The use of an online dispute resolution system powered by artificial intelligence may prove beneficial in South Africa. This article argues for the implementation of an e-dispute resolution system similar to eBay’s online Resolution Center.

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