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Journal articles on the topic 'Employment dispute'

Author: Grafiati

Published: 4 June 2021

Last updated: 17 February 2022

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1

Stanojević, Sanja. "Advantages of arbitration over court resolution of employment disputes." Pravo i privreda 59, no. 1 (2021): 19–34. http://dx.doi.org/10.5937/pip2101019s.

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An employment dispute is a dispute between a single worker and the employer, or between a trade union and employer or association of employers. The division of employment disputes is important because it indicates the method of the settlement of labour disputes. According to Serbian legal system, employment disputes can be settled in court or using one of the alternative labour dispute resolution methods (arbitration, conciliation, mediation). Based on the Law on the Amicable Settlement of Employment Disputes, an institution for the peaceful settlement of labour disputes was established - Stat

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2

Sudiarawan, Kadek Agus, Putu Edgar Tanaya, and Kasandra Dyah Hapsari. "Termination of Employment-Based on Efficiency in Indonesian Company." Fiat Justisia: Jurnal Ilmu Hukum 15, no. 1 (2021): 39–50. http://dx.doi.org/10.25041/fiatjustisia.v15no1.2015.

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The different interest between employer and employee is potentially causing Industrial Dispute between them. Industrial Disputes is dominated by Termination of Employment (laid off) dispute; one of the reasons is company efficiency. Based on that matter, it needs to be studied regarding its legality, procedure, employees’ rights and the pattern of Industrial Dispute Settlement regarding laid off through company efficiency. Based on these problems, several conclusions can be drawn. Firstly, Termination of Employment must be based on a valid reason under the law. Secondly, Termination of Employm

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Mazurenko, Olena. "FORMS AND PROTECTION METHODS OF LABOR RIGHTS OF EMPLOYEES ON LEGISLATION OF UKRAINE." Law Journal of Donbass 74, no. 1 (2021): 36–42. http://dx.doi.org/10.32366/2523-4269-2021-74-1-36-42.

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The article is devoted to the research of forms and protection methods of labor rights and legitimate interests of employees. There is emphasized that the activities of state authorities to protect labor rights and legitimate interests of employees are carried out in statutory forms of activity, where the judicial form of protection is the most effective and complete regarding the legal possibilities of deciding on the case in all its aspects and with the possibility of using the state coercion in case of non-compliance with the court decision. The court as a body that protects the labor right

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Harness, C. C., and Jonathan R. Mook. "ADR: Theprivatizing of employment dispute resolution." Employment Relations Today 23, no. 4 (1997): 51–66. http://dx.doi.org/10.1002/ert.3910230407.

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5

DUMEBI, Anthony Ideh, and Adedoyinsola Olajumoke SHONUGA,. "THE ROLE OF THE STATE IN INDUSTRIAL DISPUTE SETTLEMENT MECHANISMS IN NIGERIA." LASU Journal of Employment Relations & Human Resource Management 1, no. 1 (2018): 44–52. http://dx.doi.org/10.36108/ljerhrm/8102.01.0160.

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Disputes and dispute resolutions are part and parcel of any functional industrial relations system. Therefore, the need to resolve them equitably, efficiently and effectively for the benefit of the actors is of paramount importance. The objective of this study is to examine the State intervention in dispute settlement and its contributions in peaceful resolution of disputes in Nigeria. The paper adopted the qualitative research approach. Relevant data were collected from the Lagos offices of the Federal Ministry of Labour and Employment, the Industrial Arbitration Panel and the National Indust

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Farmer, Kevin P., and Jane K. Miller. "The effect representatives have on their client's perceptions of justice and fair treatment in workplace dispute resolution processes." International Journal of Conflict Management 24, no. 1 (2013): 73–89. http://dx.doi.org/10.1108/10444061311296143.

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PurposeThe purpose of this paper is to present a theoretical framework for assessing the effects representatives have on their client's perceptions of justice, outcome and satisfaction, as well as the treatment received by clients from other stakeholders, in workplace dispute resolution processes.Design/methodology/approachResearch propositions are advanced based on constructs and theories drawn from the literature on organizational justice, in particular, as well as social psychology in general.FindingsRepresentatives are hypothesized to have a profound effect on their client's perceptions of

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Richard E. Dibble. "Alternative Dispute Resolution in Employment: Recent Developments." Journal of Collective Negotiations (formerly Journal of Collective Negotiations in the Public Sector) 29, no. 3 (2000): 245–57. http://dx.doi.org/10.2190/g4cn-yhfd-u6dg-9bb3.

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8

LEWIS, R., and K. Ewing. "The Employment Rights (Dispute Resolution) Act 1998." Industrial Law Journal 27, no. 3 (1998): 214–19. http://dx.doi.org/10.1093/ilj/27.3.214.

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9

Posthuma, Richard A., James B. Dworkin, and Samuel Pavel. "SOCIAL CONTEXT AND EMPLOYMENT LAWSUIT DISPUTE RESOLUTION." Academy of Management Proceedings 2006, no. 1 (2006): B1—B3. http://dx.doi.org/10.5465/ambpp.2006.22897231.

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10

Bingham, Lisa B. "Employment dispute resolution: The case for mediation." Conflict Resolution Quarterly 22, no. 1-2 (2004): 145–74. http://dx.doi.org/10.1002/crq.96.

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Posthuma, Richard A., Gabriela L. Flores, James B. Dworkin, and Samuel Pavel. "Social context and employment lawsuit dispute resolution." International Journal of Conflict Management 27, no. 4 (2016): 547–69. http://dx.doi.org/10.1108/ijcma-10-2015-0072.

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Purpose Using an institutional theory perspective (micro and macro), the authors examined employment lawsuits across case type and alternative dispute resolution methods (negotiated settlements versus trials and arbitrations). Design/methodology/approach The authors examined actual data from US federal court lawsuits (N = 98,020). The data included the type of lawsuit, the dispute resolution method used and the outcome of the lawsuit in terms of the dollar amounts awarded. Findings The results show that employers were more likely to win in high social context cases (civil rights) than in other

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12

Mulya Karsona, Agus, Sherly Ayuna Putri, Etty Mulyati, and R. Kartikasari. "PERSPEKTIF PENYELESAIAN SENGKETA KETENAGAKERJAAN MELALUI PENGADILAN HUBUNGAN INDUSTRIAL DALAM MENGHADAPI MASYARAKAT EKONOMI ASEAN." Jurnal Poros Hukum Padjadjaran 1, no. 2 (2020): 158–71. http://dx.doi.org/10.23920/jphp.v1i2.225.

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ABSTRAKHubungan industrial yang merupakan keterkaitan kepentingan antara pekerja dengan pengusaha, berpotensi menimbulkan perbedaan pendapat, bahkan perselisihan antara kedua belah pihak. Sehubungan dengan itu perangkat Undang-Undang penyelesaian perselisihan perburuhan sangat diperlukan. Perselisihan Hubungan Industrial adalah perbedaan pendapat yang mengakibatkan pertentangan antara pengusaha atau gabungan pengusaha dengan pekerja/buruh atau serikat pekerja/serikat buruh karena adanya perselisihan mengenai hak, perselisihan kepentingan, perselisihan pemutusan hubungan kerja dan perselisihan

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Sinaga, Rustan. "PERAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PADANG KELAS IA DALAM MEMBERIKAN KEPASTIAN HUKUM TERHADAP PERKARA PEMUTUSAN HUBUNGAN KERJA." Soumatera Law Review 1, no. 2 (2018): 360–79. http://dx.doi.org/10.22216/soumlaw.v1i2.3528.

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After the enactment of Law No. 2 of 2004 on Industrial Relations Dispute Settlement, the implication of handling disputes disputes becomes the authority of the Industrial Relations Court at the local District Court. In addition to the court (litigation) settlement disputes termination disputes may also be settled out of court (non litigation). The Industrial Relations Court at the IA District Court handled several termination matters. In this study the authors will focus on the settlement through the judiciary (litigation). The problems discussed in this paper is the Role of Industrial Relatio

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Bite, Kitija. "Regulatory framework of strike and its problem in Latvia." SHS Web of Conferences 68 (2019): 01020. http://dx.doi.org/10.1051/shsconf/20196801020.

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International legal provisions provide for human rights and freedoms, and the freedom of expression and the right to work belong to these. Considering that during any employment relationship disputes can arise between the involved parties, international legal provisions state that a strike as the final means for the settlement of a dispute can be used. Paragraph 108 of the Satversme (the Constitution of Latvia) provides that in Latvia, employed people have the right to strike. Systematically, the provisions of the Constitution are being regulated by the Labour Dispute Law and the Strike Law. I

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Hassan, Kamal Halili. "Employment Dispute Resolution Mechanism from the Islamic Perspective." Arab Law Quarterly 20, no. 2 (2006): 181–207. http://dx.doi.org/10.1163/026805506777585658.

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Sarira, Iron. "Mediation on Industrial Relation Dispute and Its Relation With Relative Authority in The Legal Proceedings Process." Humaniora 7, no. 2 (2016): 263. http://dx.doi.org/10.21512/humaniora.v7i2.3529.

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Industrial Relations or Employment in the Indonesia legal system is based on Law No 13 of 2003 on Employment, and the Law No 2 of 2004 concerning Industrial Relations Dispute Settlement. The industrial relations are expected to be harmonious and give positive mutual engagement in the effort to support the development of Indonesian society and to improve the welfare of the Indonesian people, especially the workers or the labors. The desired goal is still far from the expectations if seeing the practice of industrial relations. The aim of the research was to get a better understanding of the pra

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17

Acton, Jennifer. "Fair Work Australia: An Accessible, Independent Umpire for Employment Matters." Journal of Industrial Relations 53, no. 5 (2011): 578–95. http://dx.doi.org/10.1177/0022185611419607.

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Fair Work Australia is a new industrial relations tribunal that comes with more than 100 years of history that has shaped its functions and substantive work. This article briefly plots the development of Fair Work Australia’s jurisdiction in respect of awards, bargaining and agreement making, the ‘alternative’ dispute resolution of rights-based disputes, termination of employment, industrial organizations, and appeals. It then analyses statistical data to reveal the changes that have occurred in the day-to-day work of Australia’s national industrial institution over time. The independence and

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18

Mzangwa, Shadrack Themba. "Legislation and employment relations in South Africa: A narrative overview of workplace dispute." Journal of Governance and Regulation 4, no. 4 (2015): 167–77. http://dx.doi.org/10.22495/jgr_v4_i4_c1_p4.

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This paper provides an overview of legislative measures applied in handling grievances and disciplinary matters in the workplace from the South African perspective. South Africa is one of the unionised countries in the world and the involvement of trade unions in resolving disputes including grievances and disciplinary matters is crucial. Trade unions, employers’ organisations and the state play an integral role in employment relations. Unions represent their members during dispute proceedings at various institutions where they (trade unions) are recognised. The country’s statutory measures mu

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Gabriella, Luxena, and Stanislaus Atalim. "ANALISIS PEMUTUSAN HUBUNGAN KERJA DENGAN ALASAN DISHARMONI (STUDI KASUS PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL NOMOR 121/PDT.SUS-PHI/2018/PN.BDG Juncto PUTUSAN MAHKAMAHi AGUNG NOMOR1942 K/PDT.SUS-PHI/2018)." Jurnal Hukum Adigama 2, no. 2 (2019): 1. http://dx.doi.org/10.24912/adigama.v2i2.6519.

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This different opinion of termination sometime causing industrial relation dispute. The increasing reasons of employment termination constantly do harm for the workers without considering the loss that they may experience. How the Judge consider to make decision of termination with disharmony as the reason as stated in Constitution No. 13 Year 2003 about Employment? The research types that being used was a Normative Research. There are various reason in an employment termination. Dispute in Employment termination is a dispute of how employment relation ends. Terminating an employment relation

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Sonhaji, Sonhaji. "Analisis Putusan Mahkamah Agung Nomor 501 K/ PDT.SUS-PHI/ 2016 Tentang Pemutusan Hubungan Kerja." Administrative Law and Governance Journal 1, no. 2 (2018): 128–48. http://dx.doi.org/10.14710/alj.v1i2.128-148.

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The purpose of this study is to know that the Certain Working Agreement on Oral Time is not allowed in the legislation, the Supreme Court judges consideration in deciding the case Number 501 K / Pdt.Sus-PHI / 2016 and the conformity of the decision with the law applicable in Indonesia. This study uses normative juridical method, which is analytical descriptive, with data collection method in the form of library study and supported by interview with judges. The results of the research show that First, the judge's decision is unfair to both parties litigation because the defendant is not punishe

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Harman, Phillip. "Checklist - Bringing Harmony to the Workplace?" Legal Information Management 5, no. 4 (2005): 253–55. http://dx.doi.org/10.1017/s1472669605001003.

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On 1 October 2004 the Government introduced a new set of statutory dispute resolution procedures which apply to all employers. The new rules set out a series of basic procedural steps that an employer must follow when dealing with disciplinary hearings, dismissals and grievances. The Government's stated aim was to encourage employers and employees to resolve their disputes internally and thus reduce the number of claims being brought in the Employment Tribunal.

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22

Prazeres, Tatiana Lacerda. "Trade and National Security: Rising Risks for the WTO." World Trade Review 19, no. 1 (2020): 137–48. http://dx.doi.org/10.1017/s1474745619000417.

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AbstractThe WTO is exposed to significant political risks deriving from both the abusive employment of the national security argument, as well as the use of the WTO dispute settlement system to address this problem. This article explores the implications of the first WTO panel decision, adopted in April 2019, in which the argument of ‘essential security interests’ was employed to justify trade restrictions. Article XXI of the GATT 1994 now tends to be invoked in other ongoing disputes, notably by the United States in the dispute settlement cases involving its barriers to steel and aluminum. Th

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Fudge, Judy, Adrienne E. Eaton, and Jeffrey H. Keefe. "Employment Dispute Resolution and Worker Rights in the Changing Workplace." Labour / Le Travail 49 (2002): 304. http://dx.doi.org/10.2307/25149242.

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DIBBLE, RICHARD E. "ALTERNATIVE DISPUTE RESOLUTION OF EMPLOYMENT CONFLICTS: THE SEARCH FOR STANDARDS." Journal of Collective Negotiations in the Public Sector 26, no. 1 (1997): 1. http://dx.doi.org/10.2190/2r21-ummy-r6dk-ucbu.

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Lipsky, David B., and Ariel C. Avgar. "Commentary: Research on employment dispute resolution: Toward a new paradigm." Conflict Resolution Quarterly 22, no. 1-2 (2004): 175–89. http://dx.doi.org/10.1002/crq.97.

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Zinsser, John W. "Employment Dispute Resolution Systems: Experience Grows But Some Questions Persist." Negotiation Journal 12, no. 2 (1996): 151–65. http://dx.doi.org/10.1111/j.1571-9979.1996.tb00087.x.

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27

Sanders, A. "Part One of the Employment Act 2008: 'Better' Dispute Resolution?" Industrial Law Journal 38, no. 1 (2009): 30–49. http://dx.doi.org/10.1093/indlaw/dwn026.

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Ryngaert, Cedric. "The Immunity of International Organizations Before Domestic Courts: Recent trends." International Organizations Law Review 7, no. 1 (2010): 121–48. http://dx.doi.org/10.1163/157237310x523803.

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AbstractThis article addresses the international organizations' immunity defence before domestic courts, and its relationship with the organizations' internal dispute settlement mechanisms. The focus of the article lies primarily on private law disputes between international organizations and individuals, and on (employment) disputes between organizations and their staff in particular. It draws inductively on cases that have recently been decided or made available, and that draw attention to three main issues: 1. the legal nature of the immunity of international organizations, 2. the weighing

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Sinaga, Rustan. "PERAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PADANG KELAS IA DALAM MEMBERIKAN KEPASTIAN HUKUM TERHADAP PERKARA PEMUTUSAN HUBUNGAN KERJA." UNES Law Review 1, no. 1 (2018): 89–99. http://dx.doi.org/10.31933/law.v1i1.10.

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Termination of employment has a very complex impact and tends to cause disputes between employers and workers. in various laws and regulations, mechanisms and procedures for termination of employment have been regulated with the aim that both businessman and workers can maintain their normative rights. Since the enactment of Law No. 2 of 2004 concerning Industrial Relations Disput, the handling of employment disputes is the authority of the Industrial Relations Court at the local District Court. in addition to the judicial route (litigation) the settlement of disputes over termination of emplo

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Karuniawan, Dynna Madina, I Nyoman Putu Budiartha, and I Putu Gede Seputra. "Efektifitas Lembaga Bipartit Dalam Menyelesaikan Sengketa Hubungan Industrial Pada Perusahaan Pt. New Kuta Golf And Ocean View." Jurnal Konstruksi Hukum 1, no. 1 (2020): 91–97. http://dx.doi.org/10.22225/jkh.1.1.2136.91-97.

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The increasingly important demands of industrialization for the progress a country have consequences for employers to use effective systems wherever possible. However, industrial disputes between workers and employers are often a problem. Therefore we need a set of laws that can be a separate forum for dealing with dispute matters within a company, is Bipartite Cooperative. The problem raised in this paper is how the effectiveness of the Bipartite Institute and what are the things that hamper in resolving employment issues at PT New Kuta Golf and Ocean View. The research method used is an empi

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Nzuve, Stephen N. M., and Lucy M. Kiilu. "CAUSES OF INDUSTRIAL DISPUTE: A CASE OF THE GARMENT FACTORIES AT THE ATHI-RIVER EXPORT PROCESSING ZONES IN KENYA." Problems of Management in the 21st Century 6, no. 1 (2013): 48–59. http://dx.doi.org/10.33225/pmc/13.06.48.

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An industrial dispute may be defined as a conflict or difference of opinion between management and workers on the terms of employment (Kornhauser, Dubin and Ross, 1954). In today`s business world, competition is the order of the day. Production, quality, profits and corporate social responsibility are critical areas where companies can improve competitive edge. To attain competitive edge, companies must first ensure cooperation and harmonious relationship between all stakeholders. The general aim of the study was to investigate the causes of industrial disputes in the garment factories in the

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Zhuang, Wenjia, and Feng Chen. "“Mediate First”: The Revival of Mediation in Labour Dispute Resolution in China." China Quarterly 222 (June 2015): 380–402. http://dx.doi.org/10.1017/s0305741015000739.

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AbstractThe past few years have witnessed the revival of mediation as a chief method of labour dispute settlement in China. While the central government's campaign has reinvigorated the use of mediation in order to control social conflicts and maintain stability, its expansion and extensive deployment have also been driven by local authorities, as mediation can better serve their policy priorities and bureaucratic interests. Not only does the extension of mediation provide local bureaucratic agencies with flexibility and discretionary power to resolve conflicts without having to comply with le

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Voitkovskaya, I. V. "Dismissal Allowances to Employees Dismissed by Agreement of the Parties: Epistola Non Erubesci." Actual Problems of Russian Law 15, no. 7 (2020): 91–102. http://dx.doi.org/10.17803/1994-1471.2020.116.7.091-102.

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The paper analyzes jurisprudence of the courts of general jurisdiction with regard to disputes claiming recovery of dismissal allowances stipulated by an employment termination agreement. The author identifies errors in the field of application of employment law rules regulating guarantees and analizes errors committed by courts due to improper understanding of the legal nature of dismissal allowances. The author substantiates arguments and criteria that can be used to determine whether dismissal allowances are adequate and proportionate, examines the problems associated with the application o

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Et al., Asiah Bidin. "LEGAL POSITION OF DOUBLE EMPLOYMENT IN MALAYSIA." Psychology and Education Journal 58, no. 2 (2021): 1611–17. http://dx.doi.org/10.17762/pae.v58i2.2316.

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Double employment is a situation where an employee holds double paid jobs, either as an employee or as being self-employed. The issue of double employment has been subject to discussion and even has brought to industrial dispute between employer and employee which require the judicial intervention. While some employers allow their employees to engage in double employment, there are few legislations clearly prohibit this practice. In Malaysia, as to date there is no specific law regulating double employment by employees. This article aims to analyse the position of double employment in Malaysia

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Drew, Erica, and Chockalingam Viswesvaran. "Attorney Decision Making in an Employment Discrimination Dispute Involving Hiring Procedures." Academy of Management Proceedings 2013, no. 1 (2013): 14774. http://dx.doi.org/10.5465/ambpp.2013.14774abstract.

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Song, Kang Jik. "The Role of Administrative Authority for Employment Dispute Resolution in Japan." Wonkwang University Legal Research Institute 35, no. 4 (2019): 29–53. http://dx.doi.org/10.22397/wlri.2019.35.4.29.

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Morotjono, Iqbal Ghani, and Arief Cholil. "Legal Review On Agreement Between Labor With Employers Based On Act No. 13 Of 2003 Concerning Employment In Ud. (Business Trade) Endah Pratama Pati Regency." Jurnal Akta 6, no. 3 (2019): 597. http://dx.doi.org/10.30659/akta.v6i3.5114.

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The employment agreement is an agreement made by business owners with employees. Trace Article 1 point 14 of Act No. 13 of 2003 on Labor, employment agreement is an agreement between the workers / laborers with employers which contains the terms of employment, the rights and obligations of the parties. The agreement may be written and unwritten. Unwritten agreement has the disadvantage not have the force of law when the future of a dispute between workers and employers. In this case related to the employment relationship between employers and employees in UD. Endah Pratama Pati regency, Centra

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Wang, Faye F. "Online Dispute Resolution Simulation." Amicus Curiae 2, no. 2 (2021): 216–36. http://dx.doi.org/10.14296/ac.v2i2.5254.

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Online dispute resolution (ODR) simulation workshops are designed to provide students with a virtual learning environment that empowers our students to gain legal and digital skills for their readiness in future employment. Students are invited to act as complainants, opponents and arbitrators/mediators to resolve a real-life case in a team-based, student-centred and research-informed teaching and learning environment. The ODR simulation workshops have been conducted by the author among both undergraduate and postgraduate law students since 2007 at Brunel University and other places. This ongo

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Klupt, M. "Western Countries: Future of Multiculturalism in Context of Employment." World Economy and International Relations, no. 7 (2012): 16–25. http://dx.doi.org/10.20542/0131-2227-2012-7-16-25.

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Will immigrant minorities change the Western world? Two decades ago this question seemed irrelevant as it was expected that the West will change the world in its image. Today, the same question is perceived as rhetorical. The answer is obvious, and the dispute is merely over directions, extent and possible consequences of future changes. The center of this dispute is the multiculturalism – the concept, policy and praxis praising diversity of cultures and denying any of them a vested right to dominate not only in the world at large, but even in a particular country. The assessment of its perspe

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Орлова and L. Orlova. "MEDIATION PROCEDURE AS THE TOOL OF CONFLICTS MANAGEMENT IN THE SPHERE OF EMPLOYMENT RELATIONS." Management of the Personnel and Intellectual Resources in Russia 6, no. 3 (2017): 12–16. http://dx.doi.org/10.12737/article_5947deb7ce46e6.29504524.

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The objective of the article is to show specific features and the possibilities of mediation procedure in the sphere of employment relations as a new form of conflict management. The effective conflicts solution is one of the main items of managerial decisions, mechanisms of conflicts management in the sphere of employment relations. In contemporary conditions the greatest importance belongs to professional conflicts solution with the help of mediation procedure. Mediation is the combination of certain goal-oriented managers’ types of actions. Each of them is observed in the article. There is

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Bite, Kitija. "Konstitucionālās tiesības uz streiku: ģimenes ārstu streika gadījums." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 14 (2019): 35–46. http://dx.doi.org/10.25143/socr.14.2019.2.035-046.

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Starptautiskajās tiesību normās ir iekļautas cilvēka brīvības un tiesības. Tās ietver vārda brīvību, tiesības uz darbu, tiesības apvienoties un tiesības uz streiku, ja darba tiesisko attiecību laikā pusēm rodas strīdi, u. c. tiesības. Latvijas Republikas Satversmes (turpmāk – Satversme) 108. pantā paredzētas strādājošo tiesības uz streiku kā galējo līdzekli darba strīdu risināšanai. Sistēmiski šī konstitūcijas norma tiek regulēta ar Darba strīdu likumu un Streiku likumu. Varētu šķist, ka Latvijā katram strādājošajam ir nodrošinātas tiesības streikot, kā tas paredzēts Satversmē. Tomēr ģimenes ā

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Santoso, Budi. "ALTERNATIVE SOLUTION ON THE EXECUTION OF COURT’S VERDICT WITHIN EMPLOYMENT TERMINATION DISPUTE." Yuridika 33, no. 3 (2018): 373. http://dx.doi.org/10.20473/ydk.v33i3.7928.

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This paper aims to analyze the juridical barriers of execution of verdict in case of dismissal dispute as well as offering a solution to the execution of such verdict to be carried out so that workers obtain their rights. Through the statute and case approaches, it is concluded that the juridical barriers are: 1) in a reminder implementation, the existing regulation does not authorize the bailiff to force the defendant to attend the reminder call if the defendant refuses to attend the call voluntarily; and 2) in the execution seizure, the goods to be confiscated shall belong to the defendant,

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Barbash, Joseph. "Dispute resolution for employment matters: An analysis of a Dozen Company Programs." Alternatives to the High Cost of Litigation 6, no. 7 (1988): 112–19. http://dx.doi.org/10.1002/alt.3810060709.

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Colvin, Alexander J. S. "Institutional Pressures, Human Resource Strategies, and the Rise of Nonunion Dispute Resolution Procedures." ILR Review 56, no. 3 (2003): 375–92. http://dx.doi.org/10.1177/001979390305600301.

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The author investigates factors influencing the adoption of dispute resolution procedures in the nonunion workplace. Various explanations are tested using data from a 1998 survey of dispute resolution procedures in the telecommunications industry. The results suggest that both institutional pressures and human resource strategies are factors driving the adoption of nonunion procedures. Among institutional factors, rising individual employment rights litigation and expanded court deferral to nonunion arbitration have led to increased adoption of mandatory arbitration procedures in the nonunion

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Yemisi, Ige Adejoke. "Alternative Dispute Resolution and Collective Conciliation in Nigeria: A Review of Contemporary Literature." International Journal of Business and Management 12, no. 8 (2017): 261. http://dx.doi.org/10.5539/ijbm.v12n8p261.

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The aim of this paper is to present detailed contextual understanding of employment relations, alternative dispute resolution (ADR) and collective conciliation in Nigeria. This contextual understanding is important in order to comprehend the specific evolution of ADR and collective conciliation in Nigeria, the particular configuration of employment relations institutions and the role of different stakeholders such as trade unions and employers’ associations. The outcomes of this study, affirms the significance of the roles and responsibilities of the actors (employer, trade union, state and co

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Ponak, Allen. "Public Sector Dispute Resolution : An American Twist to a Canadian Approach." Relations industrielles 31, no. 4 (2005): 537–52. http://dx.doi.org/10.7202/028741ar.

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The objective here is to report on the experiences of the Special Committee on Collective Bargaining Impasses in Public Employment and to emphasize how the various parties viewed the impasses procedures then in effect and what kinds of revisions they considered most desirable.

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Goldenberg, Shirley B. "Dispute Settlement in the Public Sector : The Canadian Scene." Relations industrielles 28, no. 2 (2005): 267–94. http://dx.doi.org/10.7202/028392ar.

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A brief overview of the current provisions for impasse resolution at all levels of public employment is followed by a more detailled discussion of policy and practice in jurisdictions that grant the right to strike to the employees of senior levels of government. Finally, the author tries to identify some of the problems that complicate the settlement of disputes in the public sector and considers the challenge and the prospects of resolving these problems in the light of the Canadian experience.

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Ilyas, Mohammad. "PENGAMBILALIHAN DAN PENUTUPAN PERUSAHAAN YANG BERDAMPAK PADA PERSELISIHAN PEMUTUSAN HUBUNGAN KERJA MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN." Jurnal Ius Constituendum 3, no. 1 (2018): 107. http://dx.doi.org/10.26623/jic.v3i1.866.

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<p align="center"><strong>ABSTRAK</strong></p><p><strong> </strong></p><p>Perusahaan pada hakikatnya dibentuk untuk mencari keuntungan dan atau laba yang sebesar-besarnya, namun dalam aktivitasnya tersebut tidak dapat dihindari pula terjadinya kerugian pada perusahaan sehingga demi menjaga stabilitas perekonomian perusahaannya, pengusaha melakukan kegiatan pengambilalihan, maupun penutupan perusahaan. Adapun beberapa hal yang menjadi rumusan-rumusan masalah yaitu bagaimana perlindungan hukum terhadap buruh / pekerja ketika terjadi Perselisi

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Baylis, Claire. "The Appropriateness of Conciliation/Mediation for Sexual Harassment Complaints in New Zealand." Victoria University of Wellington Law Review 27, no. 4 (1997): 585. http://dx.doi.org/10.26686/vuwlr.v27i4.6102.

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In this article, Claire Baylis examines the statutory models of mediation/conciliation in the Human Rights Act 1993 and the Employment Contracts Act 1991 which are used for sexual harassment complaints. She argues that the practice of mediating these complaints is inappropriate due to the incompatibility of the cha585he specific characteristics of most sexual harassment complaints. Further, an analysis of the actual dispute resolution provisions under the Acts raises other issues in the sexual harassment context. Finally, the author outlines some possible reforms to dispute resolution processe

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Brinn, Hope. "Improving Employer Accountability in a World of Private Dispute Resolution." Michigan Law Review, no. 118.2 (2019): 285–314. http://dx.doi.org/10.36644/mlr.118.2.improving.

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Private litigation is the primary enforcement mechanism for employment discrimination laws like Title VII, the Americans with Disabilities Act, and many related state statutes. But the expansion of extrajudicial dispute resolution—including both arbitration and prelitigation settlement agreements—has compromised this means of enforcement. This Note argues that state-enacted qui tam laws can revitalize the enforcement capacity of private litigation and provides a roadmap for enacting such legislation.

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