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1
Maluleke, Nkhensani Millicent. "Review of CCMA arbitration awards." Thesis, University of Limpopo (Turfloop Campus), 2011. http://hdl.handle.net/10386/523.
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Luong, Suzen. "Is arbitration an effective method to resolve employment disputes?" access full-text access abstract and table of contents, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454416a.pdf.
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Snyman, Chanel. "Determining jurisdiction at conciliation and arbitration." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20648.
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Jurisdiction is the power or competence of a Court to hear and determine an issue between parties, as well as the power to compel the parties to give effect to a judgment. The approach of a CCMA commissioner faced with a jurisdictional challenge is therefore an important issue that requires legal certainty. Unfortunately, our case law has not been uniform with regard to the various issues surrounding jurisdiction of the CCMA, for example: what facts need to be established in order for the CCMA to have jurisdiction and at what stage of the process should a commissioner deal with the issue of jurisdiction. The purpose of this treatise is to consider the various approaches of our courts to the issue of the jurisdiction of the CCMA and to determine what approach is practically best suited for CCMA commissioners when the issue of jurisdiction is in dispute. The research methodology is based on the various approaches of our courts to the jurisdiction of the CCMA as set out in Bombardier Transportation v Mtiya [2010] 8 BLLR 840 (LC). The more practical “third” approach as proposed by van Niekerk J, in Bombardier Transportation v Mtiya [2010] 8 BLLR 840 (LC), has been favoured by the Labour Court and the CCMA following the judgment. The correct approach of a commissioner when dealing with specific jurisdictional facts such as condonation and the jurisdiction of a bargaining council will further be considered. However, the predicament that commissioners face is that the Labour Appeal Court’s approach to jurisdiction is in conflict with that of the Labour Court’s approach. In conclusion, it is submitted that the Labour Appeal Court must pronounce on the issue of jurisdiction, taking into consideration the approach of the Labour Court as to create certainty regarding the correct approach of a commissioner when faced with a jurisdictional challenge.
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Young, Kirsty Leigh. "Justifiability as grounds for the review of labour arbitration proceedings." Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/d1003070.
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This thesis focuses on the review of labour arbitration awards given under the auspices of the following bodies: the Commission for Conciliation, Mediation and Arbitration ("CCMA"), bargaining councils, statutory councils, accredited private agencies and private arbitration tribunals. The general grounds of review applicable to the arbitration awards of each body are set out. Against this background, the case of Carephone (Pty) Ltd v Marcus NO & Others (1998) 19 ILJ 1425 (LAC) is analysed and the principles pertaining to the justifiability test are clarified. The judicial rationale for the application of the test to CCMA arbitration proceedings and criticisms of the test are then examined. Currently the justifiability test applies in the review of CCMA proceedings only, so the judicial reasoning for the rejection of justifiability as a ground for private arbitration review is examined. Three approaches are suggested for the application of the justifiability test in private arbitration review. First it is proposed that the Arbitration Act could be interpreted to include the justifiability test under the statutory review grounds. Failing the acceptance of this approach, the second submission is that arbitration agreements could be interpreted to include an implied term that the arbitrator is under a duty to give justifiable awards. A third suggestion is that the law should be developed by attaching an ex lege term to all arbitration agreements requiring arbitrators to give justifiable awards. In the final chapter, the requirement of justifiability in awards given under the auspices of collective bargaining agents and accredited private agencies highlights the incongruity in applying the justifiability test in CCMA arbitration review and in rejecting this test in private arbitration review.
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Cockfield, Sandra A. "The Interaction of Industrial Tribunals and Workplace Industrial Relations in Australia: the Metal Trades, 1900 to 1929." Thesis, Griffith University, 1998. http://hdl.handle.net/10072/367112.
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This thesis examines the influence of compulsory state arbitration and wages board systems on workplace industrial relations. Using an historical and comparative case study approach, the thesis researches workplace industrial relations at three firms operating in the metal industry between 1900 and 1929. A political economy perspective is employed to examine the interaction of institutional stnictures and economic and political processes in the regulation of the wage-effort bargain at the workplace. Key concepts are drawn from both mainstream industrial relations theory, in particular the Oxford School approach, and labour process theory. Drawing on the work of flanders, a distinction is made between the economic and political aspects of the wage-effort bargain through the differentiation of market relations and managerial relations. This thesis argues that arbitral and wages board systems interacted with a range of factors to shape and influence workplace industrial relations. In keeping with the political economy perspective, the thesis examines the economic, industry, technological, political, and institutional environment within which the three cases operated, identifying changes and trends in these factors during the period under review and their implications for workplace industrial relations. The three cases allowed a closer examination of the influence of these general trends on the development of workplace industrial relations. The cases demonstrate the diversity of the metals sector, each representing a different industry in that sector. Further, the cases differed in their geographic and jurisdictional location, allowing comparisons between Victoria and New South Wales to be made. An examination of the role of arbitral tribunals and wages boards argues that the tribunals used their ability to regulate and stabilise market relations to offset their intervention in managerial relations. In this respect the tribunals sought to engineer changes in managerial relations favourable to industry development and yet simultaneously obtain support from the unions through improvements in market relations. As a consequence of these conflicting objectives the tribunals often behaved in a contradictory manner. In addition, unintended consequences often flowed from tribunal regulation and were important in shaping events at the workplace. Thus while industrial tribunals sought to improve market relations, they inadvertently assisted workers to gain more influence over managerial relations. In each case the workplace was the site of much regulatory activity, whether initiated by management, unions or workers. However, the three cases each present a different pattern of workplace industrial relations in terms: of scope of regulation at the workplace; the role of unions; the nature of managerial strategy; the role of unions; and the implementation and enforcement of tribunals decisions. Moreover, the effect of arbitration and wages board systems at each workplace varied, with the influence of a particular matrix of industry, economic, technological and institutional conditions shaped at the workplace.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Griffith Business School
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Vipond, Melanie J. "First contract arbitration : evidence from British Columbia, Canada of the significance of mediator's non-binding recommendations /." Thesis, Scroll list to author, 2010. http://www.law.stanford.edu/publications/dissertations_theses/.
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Thesis (J.S.M.)--Stanford University, 2010.Submitted to the Stanford Program in International Legal Studies at the Stanford Law School, Stanford University. "May 2010." Includes bibliographical references (p. 69-73). Also available online.
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Lee, Fung-ping. "Arbitration in employment in Hong Kong with a survey of human resources professionals attitude /." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833775a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2005.Title from title screen (viewed 27 Mar. 2006). "A thesis submitted in partial fulfillment of the requirement for the degree Master of arts in arbitration and dispute resolution." Includes bibliographical references.
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Bourne, Glen Steve. "The arbitration review board: an analysis of its development and impact on the arbitration process in the coal industry." Diss., Virginia Polytechnic Institute and State University, 1987. http://hdl.handle.net/10919/74758.
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The Arbitration Review Board existed in the bituminous coal industry from 1974 to 1981. Established during the 1974 contract negotiations between the Bituminous Coal Operators Association and the United Mine Workers of America, the ARB represented an effort to obtain consistency in arbitration decisions. The ARB operated as an industry appellate board designed to hear appeals of arbitration awards, and the decisions of the ARB were contractually mandated as industry precedents requiring arbitrator compliance. Although the parties terminated the ARB in 1981, they have continued to incorporate the precedent decisions in subsequent contracts. This study utilizes both a qualitative assessment and an empirical analysis of arbitration decisions to determine the impact of the ARB on the arbitration process in the coal industry.
Structured interviews were conducted with former ARB members, arbitrators, management representatives, and union representatives to gather information with which to construct a complete historical perspective of the ARB's inception, operation, and termination. A total of 44 individuals were interviewed. The empirical assessment involved a content analysis of 300 arbitration decisions to determine the extent to which arbitrators have adhered to the ARB precedents.
Conclusions of the research suggest that the ARB has had a profound impact on coal industry arbitration. Arbitrators increasingly adhered to ARB decisions during its existence, and have continued to exhibit a high degree of adherence following the ARB's termination. The difficulties encountered in implementing the ARB and the factors contributing to its termination are discussed.Ph. D.
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Southey, Kim. "An analysis of unfair dismissal grievance arbitration in Australia." University of Southern Queensland, Faculty of Business, 2008. http://eprints.usq.edu.au/archive/00004435/.
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[Abstract]: This study identifies statistically significant associations between unfair dismissal arbitration decisions and inherent characteristics pertaining to the unfair dismissal claims. The inherent characteristics examined are the industry sector in which the employee worked, the occupational skill level of the employee’s position, size of the business, presence of human resource expertise within the business, the reason for dismissal, and the genders of both the employee and arbitrator. This research contributes to the body of knowledge on grievance activity within the workplace. It focuses specifically on arbitrated grievances and as such, AIRC unfair dismissal decisions are investigated as an exemplar of arbitrated grievance activity. This study is within an Australian context which may limit its world-wide generalisability but its strength is that it addresses across industry and across occupational data.Empirical analysis is undertaken using data collected from unfair dismissal arbitration decisions made by the AIRC during 2004 and 2005. Three hundred and eighty-four (384) cases are analysed, with 34.4% of the arbitration findings occurring in the grievant’s favour and 65.6% in the employer’s favour. It is noted that this figure is inflated in the employer’s favour because it includes cases lodged and later rejected by the commission for jurisdictional reasons. The split counting the 274 within jurisdiction cases is 51.8% in the employer’s favour and 48.2% in the grievant’s favour. The results of chi-square tests indicate that six characteristics have statistically significant association with the arbitration outcome. These characteristics are: occupational skill level of the grievant; the size of the business; the presence of HR expertise; the reason dismissed; the grievant’s gender; and the arbitrator’s gender. No association was found between the industry sector and arbitration decision, although there is a significant association between industry sector and jurisdictionally rejected claims.The collective finding of the hypotheses tests suggests that the type of aggrieved employee associated with a favourable arbitration outcome is one from an organisation of between 50 and 100 employees without an HR expert, working in a lower skilled occupation, having been made redundant, is female and appears before a male arbitrator. Whereas, the type of employer associated with a favourable arbitration outcome is one who has either up to 50 staff, or over 200 staff with an HR expert, who dismissed a male employee working in a higher skilled occupation for serious misconduct with the case before a female arbitrator.A major policy implication of this research relates to the Rudd government’s proposed legislative reforms of the unfair dismissal provisions. This study identifies disadvantaged groups of workers when it comes to dismissal practices of employers, namely employees from businesses of 50 to 100 workers and lower skilled workers. Identified also was the need for training for businesses to enable them to engage in procedurally fair redundancy processes and for gender bias awareness for arbitrators. In terms of further research, this study provides the foundation for predictive statistical analysis. The variables suitable for further analysis are occupational skill level, business size, reason for dismissal and gender in relation to their influence on the arbitration outcome. Additional descriptive research could also be conducted in terms of conducting international comparatives with a view to identifying the outputs that different legislation/arbitration frameworks produce for workers and employers.
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Botma, Carli Helena. "The role of reasonableness in the review of labour arbitration awards." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1035.
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The Labour Relations Act 66 of 1995 in section 145 and the Arbitration Act 42 of 1965 in section 33 uses wording very similar to one another to specifically enable the labour court to review CCMA and private arbitration awards respectively. As a result, labour arbitration award reviews are regarded as part of the family of special statutory reviews; the implication of such a classification being that the situation specific statutory provision(s) and the jurisprudential principles developed thereunder are applicable rather than those applicable to reviews in general. When the common purpose of the review procedure is then read with the legislature’s objective of quickly and finally resolving labour disputes at arbitration level as well as the limited grounds for review as provided for in the LRA and the AA, indications are that the labour courts’ review powers should be restrictively interpreted. However, because the making of CCMA arbitration awards also constitutes administrative action, the review thereof is also influenced by the constitutional right to just administrative action and reasonableness in particular. This does however not mean that applicants on review can rely directly on section 33 of the Final Constitution or on the broader grounds of section 6 of the PAJA to review CCMA arbitration awards on the basis of unreasonableness. Section 145 of the LRA constitutes administrative action legislation within the specialised labour law sphere and reasonableness is not a ground mentioned therein. A constitutionally consistent interpretation of section 145 however has the effect that reasonableness suffuses the statutory defined grounds for review; a state of affairs that does not threaten the restrictive scope of CCMA arbitration award reviews. In terms thereof, courts on review must establish whether the decision, alleged to have been reached by the commissioner as a result of the occurrence of one or more of the section 145 grounds for review, is one that a reasonable decision-maker could not reach. This interpretation accords far better with the legislature’s specific objectives pertaining to labour arbitration award reviews and the permissible range of reasonableness further ensures that awards are not easily interfered with on review. When a court is then called upon to determine whether or not a decision is reviewable in terms of section 145, it is entitled to have regard to both the award and the record of the proceedings. If, after such scrutiny, the court is of the opinion that the decision was arrived at as a result of the occurrence of a defect as contemplated by section 145 of the LRA, the decision should be reviewed and set aside irrespective of the fact that the outcome can be sustained by other reasons also identifiable from the record; the focus of review always being on the commissioner’s process of reasoning and the way in which he arrived at his findings rather than the outcome of the process. A court should however be mindful of the fact that erroneous reasons for findings per se are not reviewable grounds, but at best serve as evidence of a reviewable ground that will in conjunction with other considerations have to be sufficiently compelling to justify an inference that the decision is unreasonable. In the case of jurisdictional reviews, the reasonableness standard is also applicable because the focus is on the commissioner’s subjective reasons for his findings rather than the jurisdictional fact’s objective existence. A court on review can accordingly set aside a decision following upon the non-observance of a jurisdictional fact if the commissioner, in deciding that the jurisdictional fact existed, committed one or more of the section 145 grounds for review. In the case of private arbitration awards, applicants seeking a review must do so on the grounds recognised in section 33 of the AA and reasonableness is not one of them. This is however not the only reason why these awards are also not subject to the scrutiny of the reasonableness test on review. The other reason relates to the fact that the issuing of private arbitration awards does not constitute administrative action. The disputing parties can also not by agreement incorporate the reasonableness standard into private arbitration award reviews conducted by the labour court. Such parties are however entitled to establish a private appeal or private review body in their arbitration agreement, clothing it with the powers that they wish to confer upon it, including the ability to review an award subject to the reasonableness standard.Abstract
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Cockfield, Sandra A., and n/a. "The Interaction of Industrial Tribunals and Workplace Industrial Relations in Australia: the Metal trades, 1900 to 1929." Griffith University. Griffith Business School, 1998. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20050914.170636.
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This thesis examines the influence of compulsory state arbitration and wages board systems on workplace industrial relations. Using an historical and comparative case study approach, the thesis researches workplace industrial relations at three firms operating in the metal industry between 1900 and 1929. A political economy perspective is employed to examine the interaction of institutional stnictures and economic and political processes in the regulation of the wage-effort bargain at the workplace. Key concepts are drawn from both mainstream industrial relations theory, in particular the Oxford School approach, and labour process theory. Drawing on the work of flanders, a distinction is made between the economic and political aspects of the wage-effort bargain through the differentiation of market relations and managerial relations. This thesis argues that arbitral and wages board systems interacted with a range of factors to shape and influence workplace industrial relations. In keeping with the political economy perspective, the thesis examines the economic, industry, technological, political, and institutional environment within which the three cases operated, identifying changes and trends in these factors during the period under review and their implications for workplace industrial relations. The three cases allowed a closer examination of the influence of these general trends on the development of workplace industrial relations. The cases demonstrate the diversity of the metals sector, each representing a different industry in that sector. Further, the cases differed in their geographic and jurisdictional location, allowing comparisons between Victoria and New South Wales to be made. An examination of the role of arbitral tribunals and wages boards argues that the tribunals used their ability to regulate and stabilise market relations to offset their intervention in managerial relations. In this respect the tribunals sought to engineer changes in managerial relations favourable to industry development and yet simultaneously obtain support from the unions through improvements in market relations. As a consequence of these conflicting objectives the tribunals often behaved in a contradictory manner. In addition, unintended consequences often flowed from tribunal regulation and were important in shaping events at the workplace. Thus while industrial tribunals sought to improve market relations, they inadvertently assisted workers to gain more influence over managerial relations. In each case the workplace was the site of much regulatory activity, whether initiated by management, unions or workers. However, the three cases each present a different pattern of workplace industrial relations in terms: of scope of regulation at the workplace; the role of unions; the nature of managerial strategy; the role of unions; and the implementation and enforcement of tribunals decisions. Moreover, the effect of arbitration and wages board systems at each workplace varied, with the influence of a particular matrix of industry, economic, technological and institutional conditions shaped at the workplace.
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Concannon, H. M. G. "The practice of voluntary arbitration in British industrial relations : A study focused on the method of single arbitration organised by the Advisory Conciliation Service." Thesis, University of Salford, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.372134.
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Burrill, David Michael. "Third party intervention in industrial disputes : an empirical study of the processes and effectiveness of ACAS conciliation in British collective bargaining." Thesis, University of Bradford, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.235614.
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Brule, Mathieu. "Reforming arbitration class, gender and the conseil des prud'hommes in Tourcoing, 1848--1894." Thesis, University of Ottawa (Canada), 2009. http://hdl.handle.net/10393/28050.
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Created in 1806 by Napoleon, the conseil des prud'hommes were municipal labour arbitration boards established to settle workplace differences between workers and employers in the textile industry amicably and through conciliation. The northern French town of Tourcoing was a comparatively conservative city, where radical politics and confrontational labour relations found little support throughout the nineteenth century. Therefore, the arbitration boards known as the conseil des prud'hommes could be expected to have been a popular method of settling workplace conflicts. Initially, only employers could elect and be board members; reform in 1848 extended these rights to male workers. Other important changes occurred in the second half of the nineteenth century that could potentially affect labour relations: the legalization of strikes in 1864 and the legalization of unions two decades later.
This thesis explores the impact these changes had on the use of Tourcoing's conseil des prud'hommes, as well as the outcome of cases brought to their attention between 1848 and 1894. It argues that, although the boards were underused in this period, the presence of workers on the boards was beneficial to Tourcoing's working class, particularly female and unskilled workers, who found themselves losing less and compromising more in order to settle their workplace disputes. However, the growing emphasis on compromise did not please employers who began to abandon the boards immediately after the 1848 reform. The influence of unions and socialist groups in the late 1880s and early 1890s reinforced this trend not only among employers, but also among female and unskilled workers who found the increasingly confrontational attitudes at the boards an obstacle to settling cases through conciliation. As a result, both of these groups of workers also began to turn their backs on the prud'hommes.
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Kwakwala, Blazius Oscar Kasungula. "A critical evaluation of the dispute resolution functions of the Commission for Conciliation, Mediation and Arbitration (CCMA)." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/4241.
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Thesis (MComm (Industrial Psychology))--University of Stellenbosch, 2010.ENGLISH ABSTRACT: One of the transformations that occurred in post-apartheid South Africa was the overhaul of labour legislation. The Labour Relations Act, 1995, the most pivotal product of the exercise, enacted the Commission for Conciliation, Mediation and Arbitration (CCMA) as a statutory labour dispute resolution institution. Given the failures of the previous dispute resolution system, the creators of the CCMA meant it to provide efficient, accessible and quality dispute resolution structured around conciliation and arbitration. The CCMA came into being in November 1996. The question that arises is: is the CCMA delivering efficient, accessible and quality dispute resolution? This research attempts to answer this question. The literature review indicates that, in terms of efficiency, the CCMA underperformed in the early years, from its inception to the year ended 2004. Improvements started trickling in after 2004. The literature review portrays a positive picture of accessibility: that the CCMA is accessible to its users. As for the quality of dispute resolution, the literature review paints a negative picture: that the CCMA does not provide a quality dispute resolution service. The researcher collected secondary data from the CCMA and primary data from parties to dispute resolution at the Cape Town Office of the CCMA, using a self-developed questionnaire. The data was analysed using Statistica version 9. The results show that the CCMA continues to grow and build on its previous efficiency successes: the CCMA concludes conciliations and arbitrations within the statutory time limits of 30 days and 60 days respectively. The results also show that the CCMA is accessible: the respondents found the process of referral and the actual processes of conciliation and arbitration informal. The results also show that the CCMA provides quality dispute resolution. All the respondents ranked the quality of conciliations and arbitrations positively. The results for efficiency and accessibility support the literature review. The results for quality of dispute resolution contradict the literature review. Based on these findings, insightful conclusions are drawn and recommendations are made, to both the CCMA and for future research.
AFRIKAANSE OPSOMMING: Die hersiening van arbeidswetgewing was een van die transformasies wat plaasgevind het in post-apartheid Suid-Afrika. Die mees uitstaande produk van hierdie oefening, naamlik die nuwe Wet op Arbeidsverhoudinge, 1995, het die Kommissie vir Versoening, Bemiddeling en Arbitrasie (KVBA) daargestel as 'n instelling vir statutêre geskilbeslegting. Gesien teen die agtergrond van die mislukkings van die vorige geskilbeslegtingstelsel het die skeppers van die KVBA probeer om effektiewe, toeganklike en kwaliteit geskilbeslegting met betrekking tot versoenings en arbitrasies te skep. Die KVBA het in November 1996 tot stand gekom en funksioneer vir die afgelope 13 jaar. Die literatuurstudie toon aan dat, in terme van effektiwiteit, die KVBA onderpresteer het vanaf sy ontstaan tot en met 2004. Ná 2004 het verbeteringe drupsgewys ingetree. Die literatuurstudie skets 'n negatiewe beeld met verwysing na die gehalte van geskilbeslegting: die KVBA verskaf nie 'n geskilbeslegting diens van gehalte nie. Die navorsing het sekondêre data vanaf die KVBA en primêre data van die partye betrokke by geskilbeslegting in die Kaapstad-kantoor van die KVBA ingesamel deur van 'n selfontwikkelde vraelys gebruik te maak. Die resultate toon dat die KVBA voortgaan om te groei en te bou op vorige suksesse ten opsigte van effektiwiteit: die KVBA handel versoenings en arbitrasies binne die statutêre tydsbepalings van 30 en 60 dae onderskeidelik af. Die resultate toon ook dat die KVBA toeganklik is: die respondente het die proses van arbitrasie as informeel ervaar. Die resultate toon ook dat die KVBA 'n kwaliteit geskilbeslegtingsfunksie verskaf. Alle respondente het die gehalte van versoenings positief beoordeel. Die resultate ten opsigte van effektiwiteit en toeganklikheid ondersteun die literatuurstudie. Die resultate ten opsigte van die gehalte van die geskilbeslegtingsfunksie is strydig met die literatuurstudie. Voortvloeiend uit hierdie bevindinge, word tot insiggewende gevolgtrekkings gekom en aanbevelings word gemaak vir gebruik deur die KVBA, asook vir toekomstige navorsing.
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Musukubili, Felix. "A comparison of the South African and Namibian labour dispute resolution system." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1040.
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The dynamic social and economic conditions in Namibia warranted a periodic review of labour legislation. Given these needs, uhe then Ministry of Labour, undertook a project in 1998, to assess the effectiveness of the first post kndependence Labour Act, 1992 (Act No 6 of 1992) a trirartite task force was established which recommended the amendment of the 1992 Act. This led to the enactment of the Labour Act, 2004 which introduced a new system of dispute prevention and resolution. However, the 2004 Act could not be put into effect in its entirety, because of its technical flaws and the fact that the Namibian Employers Federation (NEF) took issue with some of the provisions of the Act, such as leave provisions. In 2005, the Ministry of Labour and Social Welfare with its social partners undertook a complete technical review of the entire 2004 Act. As a result, In 2007, the new Labour Bill 2007 was tabled in Parliament, which eventually adopted it as the Labour Act, 2007 (Act No 11 of 2007) which became operational on the 1st November 2008. The new Labour Act, 2007 (Act No 11 of 2007) brings in sweeping changes to the familiar terrain of labour law and industrial relations practice in Namibia. The new Act, has done aware with the District Labour Court system, in its place comes the Labour Commissioner. The rudimentary dispute- settlement mechanisms of the old (first ) Labour Act, 1992 ( Act No 6 of 1992) have made way for the more sophisticated, yet speedier and more economical system of alternative dispute resolution through arbitration and conciliation by the Labour Commissioner. The Labour Act, 2007, requires parties to the labour dispute to seek conciliation before either taking industrial action or seeking adjudicative solutions to the dispute. Not only does the Labour Act, establish or makes provision for the appointment of the Labour Commissioner to provide for dispute resolution, it also permits parties to establish their own process for dispute resolution through a private arbitration route. Faced with this daunting array of untested rules and institutions, I have approached the writing of this work with some trepidation. My aim is to provide a thoroughgoing commentary on the provisions relating to dispute resolution. In the absence of much authoritative interpretation, I had to rely heavily on past practices and foreign South African precedents to identify the construction that judges and arbitrators are likely to arrive at. The present treatise provides a, comprehensive and integrated commentary for all involvement in the resolution of labour disputes in Namibia; it further provides rules and procedures which govern statutory disputes resolution through the Labour Commissioner. I sincerely hope that this paper, will prove useful to all those involved in labour law and industrial relations practice, as well as to teachers and students of this subject.
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Pender, William Charles. "A fair decade's work : the origins of compulsory arbitration in Australia and New Zealand, 1890-1905." Phd thesis, Canberra, ACT : The Australian National University, 1999. http://hdl.handle.net/1885/109790.
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This thesis examines the origins of compulsory arbitration in Australia and New
Zealand, analysing the political and ideological struggles surrounding the advent of
compulsory arbitration between 1890 and 1905. It opens with an examination of
developments in Victoria and New South Wales prior to the Maritime Strike, then
surveys events in the period following the Strike in Victoria, New South Wales, South
Australia, New Zealand, Queensland and the Commonwealth, culminating with the
passing of the Commonwealth Conciliation and Arbitration Act in 1904. It argues that
current explanations for the origins of compulsory arbitration are inadequate, that a
detailed re-examination of the issue is required.
It is my contention that compulsory arbitration was a manifestation of class
struggle, and the result of democratic socialist ideas of political action and social
change. It was the means by which labour co-opted the power of the state in its struggle
against capital, extending industrial conflict into the realms of politics and law.
Compulsory arbitration was a self-conscious articulation of class struggle in a non-revolutionary form.
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Li, Wai Kei. "A study of adopting alternative dispute resolution in occupational safety and health in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833817a.pdf.
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Todhunter, Liz. "Arbitration in Constraint: The Role of the Australian Industrial Relations Commission in the Award Simplification Test Case." Thesis, Griffith University, 2007. http://hdl.handle.net/10072/366120.
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This study examines the role of the Australian Industrial relations Commission (AIRC) in conducting the Award Simplification Test Case. This case required the AIRC to make a determination of section 89A – Allowable Award Matters – of the Workplace Relations Act 1996, the federal industrial relations legislation of the newly elected Howard government. Before this time, the AIRC had conciliated and arbitrated industrial disputes to produce federal awards containing a comprehensive array of employment conditions and rates of pay. Section 89A restricted the capacity of the AIRC to a specified range of only 20 matters that the federal government, through the legislation, would ‘allow’ the AIRC to include. Throughout 1997, the AIRC conducted the Award Simplification Test Case based on an employer application to vary the Hospitality Industry – Accommodation, Hotels, Resorts and Gaming Award 1998 (the Hospitality Award) to establish the benchmark not only for all future awards but for ‘simplifying’ all existing awards. I argue that the Howard government used this legislation as a vital first step in reregulating the regulation of the Australian industrial relations system, a meta-regulatory approach since the federal government could not under the conciliation and arbitration power of the Constitution regulate employment relations directly. My analytical framework incorporates Mitchell and Rimmer’s (1990) two-tiered model of Australia’s arbitration system, and Hancher and Moran’s (1989) concept of ‘regulatory space’ to demonstrate how the Howard government’s legislation put the AIRC, awards and the arbitration system in constraint. My analysis of the test case proceedings explains how the Howard government used this legislation not just to resume a substantial part of the AIRC’s regulatory power, but also to begin embedding regulatory principles consistent with this government’s political philosophy, a very different philosophy to the AIRC’s tradition and constitutional mandate. The Award Simplification Test Case was therefore an arena of conflict over regulatory principles – by whom, for whom and to what end. Here the intrinsic ‘disputed matter’ was the regulators’ exercise of regulatory power – the AIRC and a federal government – to reregulate the industrial relations system through their regulatory instruments, awards and legislation respectively. I explain why the AIRC did not treat the case as an administrative matter as the Howard government demanded, and arbitrated this case as it had always done. The AIRC’s legal status bound it to make awards in settlement of interstate industrial disputes. Thus the AIRC had to conduct the Test Case according to its principles of fairness, equity and the public interest despite the legislation’s aim to predetermine the outcome of the dispute. Through the legislation the Howard government expressly sought to embed new regulatory principles to remove union rights of entry and representation from awards and most importantly to reduce the scope of the AIRC’s powers.Thesis (Professional Doctorate)
Doctor of Philosophy (PhD)
Department Of Industrial Relations
Faculty of Business
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Ndimurwimo, Leah Alexis. "An evaluation of the dispute resolution mechanisms of conciliation and arbitration." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/753.
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South African labour laws have undergone tremendous amendments before and after independence. This paper focuses on the development after independence, therefore section 34 of the Constitution of 1996, provisions of the Labour Relations Act of 1995 and other laws which deal with labour matters and regulate the labour relations and disputes in the country will be considered. The labour laws in South Africa provide inter alia for the dispute resolution mechanisms, the manner on which disputes should be handled by different organs which are empowered to do so. My focus will be to see how alternative disputes resolution processes of conciliation and arbitration in the Eastern Cape Province aim to transform the South African and global labour market by promoting an integrated simple, quick but efficient and inexpensive dispute settlement services in order to reduce the back log of cases, maintain labour peace, promote democracy at workplace with the view of advancing economic and social justice.
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Gathongo, Johana Kambo. "Labour dispute resolution in Kenya: compliance with international standards and a comparison with South Africa." Thesis, Nelson Mandela Metropolitan University, 2018. http://hdl.handle.net/10948/23980.
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The thesis examines the effectiveness of the Kenyan labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The study provides a comprehensive discussion of the current legislative provisions and alternative dispute resolution (ADR) framework as recognised in both countries' national labour legislation as well as in a number of international labour standards instruments. In particular, the study illuminates and discusses 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. The study argues further that labour disputes should be resolved as quickly and informally as possible and at the lowest level possible. Similarly, disputes should ideally be resolved with little or no procedural technicalities, and without allowing them to drag on indefinitely. However, this study observes that there have been notable concerns in the current dual system of labour dispute resolution in Kenya. The problems include protracted referral timeframe for dismissal disputes, non-regulation of maximum timeframe for the agreed extension after 30 days conciliation period has lapsed, the absence of a statutory timeframe for appointing a conciliator/commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. The study argues for Kenya to incorporate provisions in its labour laws of a proactive and expeditious dispute resolution thereby helping to resolve labour disputes in the most effective and efficient manner without necessarily having to resort to the courts. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government of Kenya through the Ministry of Labour. There is still no independent statutory dispute resolution institution (Conciliation, Mediation Commission) 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 increases in strikes and lockouts. Similarly, it has made the attainment of effective and efficient labour dispute resolution difficult. In view of that, a comparative approach with South Africa is adopted with a view to informing Kenya how the establishment of independent institutions similar to the Commission for Conciliation Mediation and Arbitration, Bargaining Councils and specialised labour courts can lead to effective dispute resolution in Kenya. Given above, the study provides a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study. Systematically, the study provides important suggestions and possible solutions for a better institutional framework and processes to address them. However, the study acknowledges that making effective and efficient labour dispute resolution a reality calls for renewed commitment from government and social partners and investment in appropriate human and financial resources. This requires a strong political will as well as concerted efforts from all role players in the labour relations community in the two respective countries.
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Musukubili, Felix Zingolo. "Towards an efficient Namibian labour dispute resolution system : compliance with international labour standards and a comparison with the South African system." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1018942.
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The thesis examines the Namibian labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. It describes the legal provisions that exist for the effective and efficient resolution of labour disputes through an alternative dispute resolution (ADR) system, which is given recognition in national labour legislation, and in a number of international labour standards and regional labour instruments. It argues for the provision of a proactive and expeditious dispute resolution system that helps to resolve labour disputes in the most effective and efficient manner, without necessarily having to resort to the courts. The study examines the provisions of relevant international labour standards on labour dispute resolution to ascertain their adequacy as part frameworks that apply to Namibia and South Africa’s obligation to provide ADR systems that respond to the needs of the labour relations community. It is argued that ratifying particular ILO conventions creates obligations to comply with their provisions, and to apply them in national legislation and in practice. It is further argued that by having ratified those international labour standards that provide for ADR, Namibia assumes specific obligations under international law, enjoining the country to provide the required ADR system of conciliation and arbitration, which is credible and trusted by disputants and the general public. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The focus of the comparison is on whether the South African ADR system can inform Namibia’s application of its newly adopted ADR system. South Africa has a labour dispute resolution system that has influenced Namibian labour law, prompting Namibia to borrow its ADR system from South Africa’s advanced Commission for Conciliation Mediation and Arbitration (CCMA). In this sense, it is submitted that there are fundamental similarities and differences in the two respective systems. Ideally, disputes should be resolved at conciliation level, resulting in the minority of disputes being referred to arbitration or the Labour Court. In terms of implementation, it is argued that despite the international obligation and commitment to provide and make available free and expeditious ADR services, there are gaps that exist between the legal framework regulating the ADR system and the application thereof in practice, making the attainment of effective and efficient labour dispute resolution difficult. Disputes should be resolved as quickly and informally as possible, with little or no procedural technicalities, and without allowing them to drag on indefinitely, offering immediate solutions instead. This is far from the reality of the situation. In contrast, the study found that although the Labour Act, 2007 and the South African Labour Relations Act (LRA) have brought statutory dispute resolution within the reach of the ordinary worker, these Acts may have compounded the problems relating to dispute resolution in the respective countries. The statutes in question have created sophisticated systems of dispute resolution in which most role players are seen as failing to operate as a result of the complex and technical processes of dealing with disputes. For this reason, the author proposes several remedial interventions that look to the future and the continued provision of fast, effective and user-friendly ADR services. Solving these problems and making effective and efficient labour dispute resolution a reality calls for renewed commitment from government and social partners and investment in appropriate human and financial resources. This requires a strong political will as well as concerted efforts from all role players in the labour relations community in the two respective countries.
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Papaleonardos, Chris Takis. "The Institutionalization of American Industrial Conflict - Collective Bargaining, Arbitration, and Working-Class Militancy in the Postwar United States, 1948-1980." Connect to resource, 1990. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1224181911.
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Milner, Simon Trevor. "Industrial disputes in UK manufacturing in the 1980s : an analysis of final-offer arbitration and action short of a strike." Thesis, London School of Economics and Political Science (University of London), 1993. http://etheses.lse.ac.uk/1346/.
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Just as oranges are not the only fruit, strikes are not the only type of industrial dispute. This thesis examines two other forms of bargaining breakdown: dispute procedure usage; and action short of a strike - particularly overtime bans. It therefore covers two distinctive phenomena but some of the issues examined are relevant to both forms of disputes, whilst others are specific to one particular type. Complementary issues include the evaluation of economists' theories of bargaining impasses and the relevance of both areas to the 'new industrial relations' debate. Both parts also shed light on the important conceptual implications of applying the body of largely North American theory to the UK context. Chapter 1 illuminates the linkages between the two areas at greater length, provides important definitions, explains the data used and summarises the six substantive chapters. Chapters 2 to 5 examine final-offer arbitration (FOA) in the context of Britain's new style agreements on criteria connected to five issues: the incidence of dispute procedures and their specifications; the core question of effectiveness in terms of deterring disputes; the incidence of industrial action under particular dispute procedures; the impact of procedures on negotiated and arbitrated settlements; and the functioning of dispute procedures in action. These chapters suggest that although the evidence is mixed, there is no convincing support for the superior effectiveness of FOA over conventional arbitration or other impasse procedures. The almost totally unresearched area of action short of a strike is examined in chapters 6 and 7. The relative incidence of strikes and non-strike action is assessed using data from various UK surveys over the period 1966-1990 and principally with newly available data source - the CBI Pay Databank. Data from this source are also used to test possible explanatory factors behind the tactics of industrial action.
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Crow, Stephen M. (Stephen Martin). "Dominant Decision Cues in Labor Arbitration; Standards Used in Alcohol and Drug Cases." Thesis, University of North Texas, 1989. https://digital.library.unt.edu/ark:/67531/metadc331930/.
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During the past twenty years, extensive research has been conducted concerning the judgmental processes of labor arbitrators. Previous research, sometimes referred to as policy capturing, attempted to identify the criteria or standards used by arbitrators to support their decisions. Much of the research was qualitative. Due to the categorical nature of the dependent variables, log-linear models such as logit regression have been used to examine decisional relationships in more recent studies.
The decision cues used by arbitrators in 249 published alcohol- and drug-related arbitration cases were examined. The justifications for arbitrators' decisions were fitted into Carroll Daugherty's "seven tests" of just cause. The dominant cues were proof of misconduct, the appropriateness of the penalty, and the business necessity of management's action. Foreknowledge of the rule by the grievant and the consequences of a violation, equal treatment of the grievant, and an appropriate investigation by management were also important decision cues.
In general, grievants in alcohol and drug arbitration cases fared as well as grievants in any other disciplinary arbitrations. However, when the cases were analyzed based on the legal status of the drug, illicit drug users were at a considerable disadvantage.
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Grigor, Marius Hugo. "Strikes in the transport sector." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1021100.
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Strike action by employees is globally used in matters of mutual interest in order to place pressure on employers to meet their demands although the right to strike is not contained in any of the International Labour Organisation’s (ILO) conventions or recommendations. Two conventions of the ILO are however relevant in the context of strikes and lockouts.1 The first is the Freedom of Association and Protection of the Right to Organise Convention 87 of 1948 and the second convention of importance is the Right to Organise and Collective Bargaining Convention 98 of 1949, both of which was ratified by South Africa and accordingly binds South Africa to comply with their provisions. The ILO appointed legal experts to assist the drafters of the Labour Relations Act,2 (LRA) in order to comply with these conventions. Furthermore section 3 of the LRA provides that the LRA must be interpreted in compliance with the international law obligations of South Africa. Section 27 of the Interim Constitution3 made provision for both the right to strike and the right of employers to lockout. In the proposed text of the final Constitution the recourse of the employer to lockout was not included. The text of the final Constitution was submitted to the Constitutional Court (CC) for certification in that it had to decide whether the new text of the final Constitution complied with the constitutional principles agreed to by the different political parties as the inviolable framework for the final Constitution. The CC delivered its judgment in Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa4 and concluded that the omission of a right to lockout from the final Constitution does not conflict with constitutional principles. The CC did not agree with the argument, raised by Business South Africa, based on the proposition that the right of employers to lockout is the necessary equivalent to the right of workers to strike and that therefore, in order to treat workers and employers equally, both should be recognized in the new text. The result of this judgment is that employees’ right to strike is expressly protected by section 23 of the Constitution whilst the right of employers to lockout their employees is not expressly entrenched. The employers’ right is however protected by implication through the express protection of the right to bargain collectively in terms of section 23(5) of the Constitution and section 64 of the LRA.
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Sponagel, Moritz. "An overview of the development of the German and UK labour dispute resolution systems and assessment of their respective strengths and weaknesses." Thesis, Stellenbosch : Stellenbosch University, 2006. http://hdl.handle.net/10019.1/50572.
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Thesis (MBA)--Stellenbosch University, 2006.ENGLISH ABSTRACT: In many countries in the world today, Labour Courts have developed as an integral part of the law system arising from the need to afford labour disputes specialised adjudication, independent from the ordinary civil courts. This study presents a comparison of the German Labour Court System and the British Employment Tribunal System, representing the Continental Law System and the Common Law System respectively. In comparing the German Labour Courts and the British Employment Tribunals, the study highlights the special qualities of labour law and why labour disputes are treated differently from other legal disputes. It demonstrates that both systems have attempted to achieve the handling of labour disputes in different ways and proceedings. Similarly, the study reveals that both systems have their pros, cons and limitations and that no system can guarantee an optimal way to achieve a "better" justice. Nonetheless, the study attempts to show that each system can learn from the other's strengths and weaknesses by being open and reasonable to criticism. Another important objective of this study is to determine whether Labour Courts and Employment Tribunals should be maintained as a separate part of the law system or whether to merge them into the ordinary civil courts as some critics feel that such courts and tribunals create added expenses to governments. Furthermore, the study explores other dispute resolution mechanisms that if encouraged, provide additional benefit to labour issues in teoday's complex business environment. As a whole, the study proves that the German Labour Courts and British Employment Tribunals are a quicker, cheaper and better way of achieving justice, preferable to the civil litigation system. It is therefore concluded that such courts and tribunals should be maintained because of their significant successes so far. Furthermore, it is suggested that labour dispute resolution can be further developed through the increased use of mechanisms such as conciliation, negotiation and mediation in the management of organizations today.
AFRIKAANSE OPSOMMING: In baie lande van die wereld vandag, het gespesialiseerde arbeids tribunale ontwikkel as 'n integrale deel van die regsisteem as gevolg van die behoefte om arbeidsdispute te onderwerp aan gespesialiseerde beregting, onafhanklik van gewone siviele howe. Hierdie studie behels 'n vergelyking van die Duitse Arbiedshofsisteem en die Britse "Employment Tribunal" sisteem, wat die kontinentale regsisteem en 'n gemeenregtelike regsisteem respektiewelik verteenwoordig. Deur die Duitse Arbeidshowe en die Britse "Employment Tribunals" te vergelyk, beklemtoon hierdie studie die spesiale eienskappe van arbeidsreg en waarom arbeidsdispute anders as andere regsdispute hanteer word. Dit demonstreer dat beide sisteme probeer het om die hantering van arbeidsdispute op verskillende maniere en deur middel van verskillende prosesse te bereik. Terselfdertyd, wys die studie dat beide sisteme hulle voordele, nadele en tekortkomings het, en dat nie een sisteem 'n optimale manier het om "beter" geregtigheid tussen werkgewer en werknemer te laat geskied nie. Nietemin, probeer die studie wys dat elke sisteem kan leer van die ander se sterktepunte en tekortkominge. 'n Verdere belangrike doel van hierdie studie is om te bepaal of die Duitse Arbeidshowe en Britse "Employment Tribunals" as aparte deel van die regsisteem behoort te voortbestaan, of hulle saamgesmelt moet word met die gewone siviele howe, want sekere kritici voel dat sulke howe en tribunale addisionele koste vir owerhede meebring. Verder ondersoek die studie ander dispuutoplossings meganismes, wat, indien dit bevorder sou word, dalk addisionele voordele in vandag se komplekse besigheidsomgewing kan meebring. In geheel toon hierdie studie dat die Duitse Arbeidshowe en Britse "Employment Tribunals" 'n vinniger, goedkoper en beter manier bied om geregtigheid te bereik en verkies word bo die siviele litigasie sisteem. Die gevolgtrekking is dat sulke howe en tribunale behou moet word as gevolg van hulle sukses tot dusver. Verder word dit voorgestel dat arbeidsgeskilbeslegting verder ontwikkel kan word deur groter gebruik te maak van meganismes soos konsiliase, onderhandeling en mediasie in organisasies.
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Apraku, Amos. "An assessment of the effectiveness of trade union participation in municipal decision-making: a case study of the Buffalo City Municipality." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1262.
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The objectives of this study were to first identify the decision-making bodies structures in the Buffalo City Municipality. Secondly, to assess compositions, powers and functions of such identified bodies or structures. The field study was limited to the administrative jurisdictions of the Buffalo City Municipality; however, the findings and recommendations were applicable to all municipalities in South Africa with the same or similar decision-making like the Buffalo City Municipality. In order to achieve the research objectives, a review of the relevant literature was done. It began by first looking at the constitutional and other legislative provisions establishing the Municipal government system or concept. The literature review looked at the powers and functions given to municipal governments by such constitutional provisions and how effective are such powers exercised. The literature further highlighted the role of trade unions participation and civil society groups in the smooth and effective administration of the municipality and in making the Integrated Development Planning a successful one. The data collection was done by means of questionnaire, focus group discussions complimented by face-to-face interviews. Forty respondents were sampled from six different trade unions and top municipal management. The data collected were analysed thematically with the use of frequency tables, pie charts and histograms. The findings of the study showed among other things that, the highest decision-making body in the municipality is the municipal council supported by various committees, boards and directorates. All the legislative and executive powers are vested in the municipal council. Again, it became known that, the municipal workers unions participate effectively in labour related issues whereas the non-municipal workers unions participate poorly in all consultative processes. In conclusion, there is the urgent need to bring all stakeholders including trade unions in the municipality during decision-making processes in order promote sustainable development in the municipality.
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Calvo, Oriana. "Lo Stato e il governo del rapporto di lavoro: il collegio di probiviri (1893-1926)." Doctoral thesis, Università di Catania, 2013. http://hdl.handle.net/10761/1438.
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La tesi si compone di tre capitoli.
Il primo è dedicato all analisi delle fonti normative riguardanti i collegi dei probiviri dall istituzione, legge 15 giugno 1893, n. 295, alla soppressione, nel 1928, con la nascita della magistratura del lavoro e si sviluppa lungo un itinerario che muove dai disegni di legge che hanno portato al testo legislativo istitutivo, incrocia le diverse proposte volte a realizzare un più funzionale e proficuo utilizzo dei collegi, giunge alla riforma attuata con il R.D. 13 ottobre 1918, n. 1672. Gli aspetti analizzati concernono specialmente l inquadramento della magistratura probivirale nell ambito della giurisdizione italiana e il nesso eziologico tra istituto dei probiviri e conflitto collettivo, l ambito di competenza dei collegi e le funzioni, la procedura di formazione tra ingerenza statale e partecipazione sociale, alcune deroghe alla capacità giuridica secondo il sistema di diritto civile.
Nel secondo capitolo, per illustrare i risultati e l attività espletata dai probiviri si è adottata la consueta tripartizione riferita alle funzioni normativa, giurisdizionale e di governo , pur essendo pienamente consapevoli dell impossibilità di distinguere nettamente la primaria attività di risoluzione delle controversie, affidata ai collegi, dagli altri interventi messi in atto dai collegi per regolare aspetti delicati e complessi della produzione e del lavoro, anche attraverso la creazione di norme giuridiche. Il discrimen è rappresentato dalla concezione e dal ruolo, in fieri, dell equità, che, nella progressiva emancipazione e generalizzazione del costituendo principio di diritto dal singolo fatto specifico e concreto, si trasforma quasi si sublima da individuale in sociale. Per quanto riguarda la funzione di governo, è stato messo in luce lo stretto legame tra il funzionamento dei probiviri come organismi arbitrali e le condizioni di sviluppo del luogo in cui sorge l industria. Ci si è soffermati non solo sugli aspetti relativi al rapporto di lavoro, quali il recesso delle parti, il preavviso, la determinazione del salario, ma anche sull emersione di veri e propri principi cardine (ed ora costituzionali) del diritto del lavoro. Di particolare interesse, poi, è la figura del contratto collettivo territoriale, strumento di regolazione del conflitto sociale, della produzione e del mercato del lavoro. Anche in questo capitolo l esame è stato condotto facendo dialogare costantemente i probiviri con legislatore, dottrina e giurisprudenza ordinaria.
Il terzo capitolo, infine, riguarda le fonti reperite presso l archivio della Camera di commercio di Catania ed aventi ad oggetto il carteggio tra istituzioni decentrate e centrali per l istituzione dei collegi nella provincia: uno sguardo sulla esperienza socio-economica catanese e siciliana. Lo studio dell istituto probivirale sul territorio, ed in particolare delle procedure di costituzione e formazione, ha permesso una maggiore comprensione, se pure parziale, delle ragioni che hanno determinato un più o meno scarso funzionamento dell istituto anche sul piano nazionale
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Kalafatoglu, Mehmet Polat. "L’arbitrabilité en matière de propriété industrielle. Etude en droit de l’arbitrage international." Thesis, Paris Est, 2015. http://www.theses.fr/2015PESC0066.
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En matière de propriété industrielle, alors que le contentieux relatif à l'exploitation contractuelle et à la contrefaçon est arbitrable de longue date, l'annulation des titres échappait à la compétence arbitrale. Cela donnait prise à des procédés dilatoires puisqu'une simple exception de nullité pouvait bloquer la procédure arbitrale. Un arrêt récent de la Cour d'appel de Paris a étendu la compétence arbitrale : désormais, le tribunal arbitral peut statuer inter partes sur une exception de nullité relative à un titre de propriété industrielle. Cette solution, bien qu'utile pour garantir l'efficacité de l'arbitrage, n'est pas exempte de critiques. Notamment, elle n'est pas conforme à la nature des droits de propriété industrielle qui sont efficaces à l'égard de tous et elle n'empêche pas le risque des décisions contradictoires et de titres « boiteux ». La présente thèse explore donc la possibilité de reconnaître aux arbitres compétence pour décider erga omnes sur la validité des titres de propriété industrielle. Plusieurs raisons ont été avancées pour fonder l'inarbitrabilité de la demande d'annulation de ces titres. En particulier, on considère généralement qu'une sentence arbitrale ne peut pas produire l'effet absolu attaché à une décision d'annulation. Cependant, les sentences arbitrales sont opposables aux tiers et un prétendu effet inter partes de la sentence ne peut pas justifier l'inarbitrabilité de la demande d'annulation. La raison profonde de l'inarbitrabilité actuelle, en droit français, réside dans la nature inter partes de la justice arbitrale internationale, qui ne prévoit pas de protection procédurale au profit des tiers intéressés par le sort du titre. Le domaine arbitrable pourrait donc être élargi à condition de garantir l'effet erga omnes de la sentence par la publicité de celle-ci et et de le contrebalancer par une tierce opposition limitée, moderne et adaptée à l'arbitrage international. Cette solution, si elle était acceptée par les droits nationaux, modifierait les conditions de l'examen de l'arbitrabilité, par le tribunal arbitral et par le juge étatiqueWhile the arbitrability of contractual and infringement disputes in the field of industrial property has been the norm for many years, validity disputes remained outside of the arbitral jurisdiction. This resulted in some delaying tactics since a simple nullity exception may block arbitral proceedings. In 2008 the Paris Court of Appeal extended the arbitral jurisdiction: henceforth, an arbitral tribunal may rule inter partes regarding the nullity exception on an industrial property title. This solution, protecting the efficiency of arbitration, remains questionable. In particular, it does not respect the nature of industrial property rights having an effect against all, and it does not prevent the risk of contradictory rulings and the inconsistent enforcement of industrial property rights. This study examines whether an arbitral tribunal shall have jurisdiction to rule on the validity of industrial property titles with an effect against all. Many reasons have been put forth to establish the inarbitrability of these disputes. In particular, an arbitral award shall not generate the erga omnes effect attached to a decision of nullity. However, arbitral awards are “opposable” against third parties and the so-called inter partes effect of awards shall not justify the inarbitrability of nullity disputes. The essential reason of inarbitrability in French law is, therefore, the inter partes nature of international arbitral justice, which does not provide a protection mechanism for interested third parties. The arbitral jurisdiction may be extended provided that awards have an erga omnes effect by way of publication, and that this effect is counterbalanced with a limited and modern tierce opposition procedure adapted to international arbitration. This solution, if accepted by national laws, would revise the conditions under which arbitral tribunals and national courts determine arbitrability
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Gotkin, Joshua Abraham. "The legislated adjustment of labor disputes: An empirical analysis, 1880-1894." Diss., The University of Arizona, 1995. http://hdl.handle.net/10150/187207.
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The Federal government's involvement in railroad labor disputes was one of the earliest examples of government intervention in the economy. Initially, when the economy was crippled by railroad strikes in the late nineteenth century, the government stepped in and crushed them with troops and injunctions. The Federal government's other approach was legislative, beginning with the passage of the Arbitration Act of 1888. As the first piece of Federal arbitration legislation, it had a significant impact on the development of subsequent labor legislation, such as the Railway Labor Act of 1926 and the National Labor Relations Act in 1935. Several methods are used to assess the impact and importance of the Arbitration Act. First, the political economy of the Arbitration Act is examined. Railroad owners opposed this legislation, fearing it would hinder their ability to hire, fire, and deal with striking workers. Organized labor favored arbitration, viewing such government intervention as providing a mandate that would compel, even force, employers to recognize unions. The ability of these constituent groups to influence their elected representatives is quantitatively tested using a simple model of legislative choice. The Arbitration Act was viewed as harmless, and even useless, by many Congressmen. Whether this legislation was effective is an important investigation. Two approaches are used to assess the impact of the legislation. The first uses a monthly index of railroad stocks to investigate how the expected future profitability of railroad firms was affected. The price of railroad stocks fell, which implies that the legislation was expected to reduce future profits. Investors felt that this legislation did not serve the best interests of railroad capital. The second approach examines how the passage of arbitration legislation affected strike frequency and duration. The analysis of the impact of the Arbitration Act confirms that the mere presence of arbitration procedures can lead to an increase in strike activity. Evidently, the relative costs of railroad strikes were lowered, thus increasing strike activity. The imposition of legislated bargaining procedures can produce unexpected results, as illustrated by the Arbitration Act's effect on railroad strikes.
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Fischat, Herbert Robert James Falconer. "The criterion of justifiability as a ground for review following Sidumo v Rustenburg Platinum Mines (2007) 12 BLLR 1097 (CC)." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1019792.
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This treatise will focus on the review of labour arbitration awards provided for under the oversight of the Commission for Conciliation, Mediation and Arbitration (CCMA), bargaining councils, statutory councils, accredited private agencies and approved private arbitration tribunals. The general grounds of review applicable to the arbitration awards of the different bodies are set out. Thereafter the case of Carephone (Pty) Limited v Marcus NO & others (1998) 19 ILJ 1452 (LAC) is analysed and the core principles pertaining to the justifiability test are clarified for the first time in the forum of the Labour Appeal Court. The judicial rationale for the relevance and applicability of the test to CCMA arbitration proceedings and criticisms of the test are examined. The justifiability tests are only applicable to review proceedings in CCMA matters and not available to private arbitration review matters. There are however three approaches which are being suggested for the application of the justifiability tests to private arbitration review. Firstly, it is suggested that the Arbitration Act could be interpreted to include the justifiability test under the statutory review grounds. Secondly, the arbitration agreements could be interpreted to include an implied term that the arbitrator is under a duty to give justifiable awards. Finally, it can be submitted that the law should be developed by reading into all arbitration agreements the ability to arbitrators to give justifiable awards. Since the judgment of Sidumo v Rustenburg Platinum Mines [2007] 12 BLLR 1097 (CC) various critical questions arose in relation to the interpretation and application for the purpose of dealing with subsequent review applications. Firstly, this research paper will seek to establish whether the courts in subsequent matters to the Sidumo judgment have interpreted reasonableness as a test or ground for review. Secondly the research paper will scrutinise case law whether the reviewing court is entitled to rely on and consider reasons other than those provided for by the commissioner in his award to determine inter alia, the reasonableness of his decision arrived at. The Constitutional Court in the Sidumo case rejected the so-called employer’s test, stating that ultimately the commissioner’s sense of fairness is what must prevail and not the employer’s view. Consequently an impartial determination whether or not a dismissal was fair is likely to promote labour peace amongst the labour force. The test arrived at by the Constitutional Court in the Sidumo case for determining whether a decision or arbitration award of a CCMA commissioner is reasonable, is a stringent test that will ensure that such awards are not easily interfered with. The question to be asked in determining whether there has been compliance with the standard is whether the decision of the commissioner is one which a reasonable decision maker could have reached. This approach will underpin the primary objectives of the Labour Relations Act which is the effective resolution of disputes. This finding will be apparent from important cases decided and discussed after the Sidumo landmark ruling.
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MacKinnon, Ari D., Ignacio Zapiola, and Santiago Bravo. "Drafting international arbitration clauses." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123848.
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This article offers an academic and practical overview for the drafting of international arbitration clauses, from an international Latin American approach and with special emphasis on the energy and construction industries.The authors begin by analyzing the elements of the existence of the arbitral clause and putting forward certain fundamental and general cautionary notes. Then they go on to analyze key elements to include in an arbitral clause, the elements which inclusion is recommended, the elements that might be convenient to include, and others that is best to leave out. The article ends with a conclusion regarding the mindset that parties should have when drafting arbitration clauses.Este artículo ofrece una revisión de la experiencia académica y práctica para la redacción de cláusulas arbitrales, desde un enfoque internacional latinoamericano, y con especial énfasis en las industrias de la energía y la construcción.Los autores comienzan analizando los elementos de la existencia de la cláusula arbitral y formulando ciertas prevenciones fundamentales y generales. Luego pasan a analizar los elementos clave a incorporar en la cláusula arbitral, ciertos elementos que son recomendables a incorporar, otros tantos que puede ser conveniente incorporar y algunos que es mejor dejar fuera. El artículo finaliza con una conclusión respecto al enfoque que han de tener las partes al redactar la cláusula arbitral.
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Partington, Jonathan. "Re(viewing) the constitutional court's decision in Sidumo v Rustenburg Platinum Ltd." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1032.
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In Sidumo v Rustenburg Platinum Ltd ((2007) 12 BLLR 1097 (CC); (2007) 28 ILJ 2405 (CC); 2008 (2) SA 24 (CC)) the Constitutional Court made two findings of immense significance for dismissed employees: firstly, the court rejected the use of the so-called “reasonable employer” test in our law, a test which traditionally required arbitrators and courts evaluating the fairness of a dismissal for proven misconduct to treat the employer’s decision on sanction with a measure of deference; and secondly, on scrutiny of the more controversial issue before the court, to wit, the basis, if any, upon which arbitrators are obliged to make reasonable decisions, the court (in confirming that arbitrators are so obliged) held that the obligation to do so suffuses section 145 of the LRA, and that the extended review grounds legislated under PAJA do not apply. In the present article these judicial conclusions are critically analysed and evaluated, and a number of submissions are made, inter alia: it is submitted that the Constitutional Court’s rejection of the “reasonable employer” test was premised on a fundamental misinterpretation of the test; that while the court’s attempt to locate the reasonableness standard within the LRA was perhaps justifiable, the court failed to consider properly, or at all, the wording of section 145 and its history, with the consequence that the court failed to appreciate that section 145 of the LRA (save on an unduly strained interpretation) could not conceivably be construed to cater, in itself and without more, for the constitutional right to lawful, reasonable and procedurally fair administrative action; and further, that the labour landscape post-Sidumo is, to an extent, unquestionably one bathed in greater uncertainty. In conclusion, the author poses the question whether, on a review of Sidumo, the Constitutional Court should not be considered to have fallen short of fulfilling its constitutional obligations under the rule of law.
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Murray, Nicky. "A history of apprenticeship in New Zealand." Lincoln University, 2001. http://hdl.handle.net/10182/1599.
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This Master's thesis is a history of apprenticeship in New Zealand. Apprenticeship has traditionally been the main route for entry into the skilled trades. At one level apprenticeship is a way of training people to do a particular job. The apprentice acquires, in a variety of formal and informal ways, the skills necessary to carry out their trade. The skills involved with each trade, tied inextricably to the technology that is used, are seen as the 'property' of the tradesperson. Learning the technical aspects of the job, however, is only a part of what goes on during an apprenticeship. The apprentice is also socialised into the customs and practices of the trade, learning implicitly and explicitly the hierarchies within the workplace, and gaining an appreciation of the status of his or her trade. Apprenticeship must also be viewed in the wider context of the relationship between labour and capital. The use of apprenticeship as an exclusionary device has implications for both worker and employer. Definitions of skill, and the ways in which technological advances are negotiated, are both dependent on the social setting of the workplace, which is mediated by social arrangements such as apprenticeship. This thesis thus traces the development of apprenticeship policies over the years, and examines within a theoretical context the debate surrounding those policies. Several themes emerge including the inadequacy of the market to deliver sustained training, the tension between educators and employers, and the importance of a tripartite accord to support efficient and equitable training. Apprenticeship has proved to be a remarkably resilient system in New Zealand. This thesis identifies factors that have challenged this resilience, such as changes in work practices and technology, and the historically small wage differentials between skilled and unskilled work. It also identifies the characteristics that have encouraged the retention of apprenticeship, such as the small-scale nature of industry in New Zealand, and the latter's distinctive industrial relations system. It is argued that benefits to both employer and worker, and the strength of the socialisation process embodied in apprenticeship, will ensure that some form of apprenticeship remains a favoured means of training young people for many of the skilled trades.
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Mtumtum, Lungisa Shadrack. "Effecting social justice during conciliation and CON-ARB processes conducted at the CCMA and bargaining councils." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19245.
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The primary purpose of this treatise is to reexamine the South African labour dispute resolution bodies to see if they live up to the legislation’s promise of promoting social justice in conciliation, arbitration and con-arb processes concluded by them. The study defines social justice and examines this term in relation to employment law. The promotion of social justice was reaffirmed by the International Labour Organisation in its 1944 Conference which was later incorporated into its Constitution. The study briefly reviews the importance of this conference of the 10 May 1944 in relation to promoting social justice. The study also examines the social justice in the context of South African employment laws by briefly analyzing each South African labour legislation and the Constitution. This analysis is based on the provisions of legislation and considers if the respective provisions promote social justice as required by the International Labour Organisation’s Constitution and later by the South African Constitution. In analyzing the Constitution, and other legislation like the; Employment Equity Act (EEA), and Labour Relations Act (LRA), the treatise examines certain cases that were determined under the legislation from social justice perspective. The Labour Relations Act 66 of 1995 represents one of the major reforms of the labour relations system in South Africa. It is guided by the Constitution in terms of promoting social justice. The LRA established the dispute resolution bodies that are mandated by the legislation to resolve labour disputes. The study examines the systems and the processes employed by these bodies mainly the Commission for Conciliation; Mediation and Arbitration (CCMA) and the Bargaining Councils to determine if these systems are promoting social justice as required by the legislation. In conducting this analysis the study considers not only the processes adopted but also the manner in which the relevant dispute resolution bodies market their services; their strategies and operational plans; and accessibility and more. The study further investigates the challenges that these bodies are faced with that have a negative impact on their responsibility to promote social justice. These challenges faced by society range from unemployment, the level of literacy and the growing inequality within South African society. They constantly pose a challenge and require these bodies to consistently devise means and strategies to overcome them. A limited comparative study is undertaken in order to determine whether South Africa can learn anything from another country. There are several countries that may have been chosen to conduct this study but the study considered the fact that it needs to look at the country without the sub-Saharan Africa. The country that shares a history similar to South Africa due to the fact that the social challenges faced by the South African society might be similar to those faced by the country chosen. In this research Namibia was chosen as a suitable country to determine whether there is something to learn from it or not. In conclusion it is submitted that South African legislation pertaining to labour dispute resolution needs to constantly evolve in order to promote social justice challenges of the time.
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Wong, Wai Chiu. "Investment of advanced technologies in China the roles of ADR institutions and Chinese courts in conflicts resolution and awards enforcement /." access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22052409a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2007.Title from PDF t.p. (viewed on Sept. 7, 2007) "Master of Arts in arbitration and dispute resolution research dissertation" Includes bibliographical references.
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Quiniou, Matthieu. "Le contentieux du transfert de connaissances dans les relations entre l'Union européenne et la Chine." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020049.
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Face à la mutation des modalités des échanges internationaux et à l'accentuation du commerce de biens intellectuels entre entreprises de traditions différentes, des réajustements des modèles contractuels et un réordonnancement des modes de règlement des différends semblent inévitables. La nature juridique incertaine des connaissances secrètes, en Chine et dans l’Union européenne est un obstacle à la formalisation de leur transfert et par conséquent à la définit ion d’un cadre de résolution des différends adapté. Si les propositions de lois et de direct ive se multiplient pour définir cette notion et son régime, l’approche retenue est souvent limitée à la dimension délictuelle de la divulgation de la connaissance. La recherche menée, tout en tenant compte des atteintes portées au secret, se focalise principalement sur le transfert volontaire de connaissances. Pour répondre aux besoins des acteurs du commerce international, ces opérations ne peuvent plus être limitées aux seuls contrats de « communication de savoir - faire ». Si les notions de « bien intellectuel » et de « possession intellectuelle »permettent de justifier théoriquement d’autres formes contractuelles, les droits chinois et européen se réfèrent aux cessions et licences de connaissances. Ces opérations, souvent insérées dans un ensemble contractuel complexe et réalisées entre parties de cultures différentes,peuvent engendrer des différends variés. Lorsque ces différends apparaissent,le degré de confidentialité assuré devant les juridictions nationales étudiées ne permet pas de répondre aux attentes légitimes des parties. Les différences de cultures processuelles des parties et la culture chinoise du règlement amiable des différends invitent aussi à éviter le recours aux juridictions nationales. Les combinaisons entre médiat ion et arbitrage, par leur grande flexibilité procédurale, peuvent fournir un cadre de résolut ion adapté aux exigences tant économiques que culturelles des parties. Dans cet esprit, la thèse propose la mise en place d’un Règlement de M²arb avec un médiateur–expert, garant de la confidentialité du processus de résolut ion des différendsFacing the evolution of international trade and the development of intellectual proper ty trade between companies from different backgrounds, contractual model readjustments and a reordering of dispute resolution systems seems unavoidable. The unsettled legal status of secret knowledge in China and in the EU can be an obstacle to the formalization of their transfer and therefore inhibits the definition of a suitable framework for resolving disputes. Legislators and scholars are currently debating proposals of laws and directives to elaborate this concept and its regime, but only address issues liketor t and disclosure of secret information. Legal scholarship to date has mainly been focused on the voluntary transfer of knowledge and has taken intoaccount the damage caused to secrets. To meet the needs of business operators, these operations should not be limited to "know-how communication contracts” (contrats de communication de savoir - faire). The concepts of “ intellectual good” and " intellectual ownership" theoretically justifyother types of contracts, while Chinese and European laws refer to assignment and license of trade secret . These operations, often provided for in a complexs et of contracts between parties from different cultural backgrounds, can lead to a wide variety of disputes. When disputes occur, national courts do not always provide a level of protect ion of confidential information that meets parties’ expectations. Differences in procedural cultures as well as the Chinese culture of amicable dispute settlement prevent the parties from relying on national courts. The combinations between mediation and arbitration, by their procedural flexibility, can provide a suitable dispute resolution framework taking into account economic and cultural considerations. Therefore, this thesis proposes M² arb Rules that introduce a mediator-expert with a mission of securing knowledge confidentiality during the dispute resolution process
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Ngorn, Rothna. "La construction de la propriété intellectuelle au Cambodge." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3002.
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La construction de la propriété intellectuelle au Cambodge remonte à une date récente. Cetteconstruction se traduit, d’une part, par l’adoption d’un cadre juridique consacrant la notionjuridique de la propriété intellectuelle et, d’autre part, par l’élaboration des mécanismes deprotection de la notion consacrée.Comme la législation de la propriété intellectuelle a été adoptée pour assurer la conformité dudroit cambodgien aux exigences de l’OMC, il n’est pas surprenant de constater que la notion et lerégime juridique de la propriété littéraire et artistique et ceux de la propriété industriellecambodgiennes sont presque identiques à ceux qui sont prévus dans l’Accord ADPIC et dans lesTraités et Conventions administrés par l’OMPI. À cause des obstacles d’ordre juridique,économique et social, la plupart des lois cambodgiennes de la propriété intellectuelle ne connaitpas encore une application effective et correcte dans la pratique. En conséquence, la notion de lapropriété intellectuelle cambodgienne est très peu développée.Pour faire respecter le titre de propriété littéraire et artistique et celui de la propriété industrielle,les mécanismes légaux et judiciaires visant à prévenir les atteintes au droit exclusif dont disposentles titulaires du droit, à préserver les éléments de preuves et à réprimer des atteintes sont prévusdans la législation cambodgienne portant sur la propriété intellectuelle. Par ailleurs, le recours auxmodes alternatifs de règlements de litiges tels que l’arbitrage commercial, la médiation et laPreliminary Alternative Disputes Resolution est également possible. L’efficacité et l’effectivitéde la mise en oeuvre de ces mécanismes pour la protection de la propriété intellectuelle sur leterritoire cambodgien sont une question d’actualitéThe construction of intellectual property rights in Cambodia dates back to a recent time. This construction implies, on the one hand, the adoption of a specific legal framework that establishes the notion of intellectual property and, on the other hand, the elaboration of protection mechanisms of the established notion. As the legislation on intellectual property was adopted to ensure the conformity of Cambodian law with WTO requirements, it is not surprising that the notion and legal regime of literary and artistic property and that of industrial property are almost identical to what is provided under TRIPS Agreement and other Treaties and Conventions administered by the WIPO. Because of legal, economic and social barrier, most of Cambodian laws relating to intellectual property have not been effectively and correctly applied in practice. Consequently, the notion of intellectual property has not been well developed.To enforce the exclusive right of literary and artistic property and that of industrial property, the legal and judicial mechanisms aiming at preventing infringement, preserving the proofs and punishing the infringement are provided under Cambodian legislation relating to intellectual property. Moreover, utilization of alternative disputes resolutions mechanisms such as commercial arbitration, mediation and Preliminary Alternative Disputes Resolution, is also possible. The efficiency of these mechanisms for the protection of intellectual property in Cambodia is, however, a topical question
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Wayland, Robert F. (Robert Franklin). "Criteria by Which Ad Hoc Labor Arbitrators are Selected by Union and Management Advocates in the Petroleum Refining Industry." Thesis, University of North Texas, 1990. https://digital.library.unt.edu/ark:/67531/metadc331537/.
Full textAbstract:
A non-experimental, descriptive study was conducted to examine the criteria by which ad hoc labor arbitrators are selected in the petroleum refining industry. Three factors — arbitrator background, recognition, and arbitration practice — were examined to determine their relative importance to advocates selecting ad hoc labor arbitrators. The population of the study consisted of management and labor union advocates in the petroleum refining industry who routinely select ad hoc labor arbitrators.
Participating management and union advocates completed a questionnaire used to gather respondents' evaluations of criteria considered in the selection of ad hoc arbitrators. Responses to statements designed for measuring relative importance of the criteria considered were recorded. Descriptive statistics, discriminant analysis, and tests of significance were used in the treatment of the data.
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Ibrahim, Mohamad. "Le contrat de service pétrolier." Electronic Thesis or Diss., Paris 2, 2020. http://www.theses.fr/2020PA020009.
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Le contrat de service, dernière génération des contrats pétroliers upstream, est apparu dans les années 70 lors de la révolution des pays pétroliers sur les contrats de concession. Depuis cette période, sa propagation dans le monde comme son évolution sont continues. Considéré comme l’un des contrats les plus complexes, son entrée en vigueur est précédée d’une période précontractuelle plus longue que celle d’un contrat classique et suivie d’une période contractuelle qui dure plusieurs décennies. La période précontractuelle est celle de l’étude, de la planification et des procédures de négociation. Elle aboutit à la conclusion d’un contrat conforme aux attentes des parties. C’est lors de la période contractuelle qu’apparaissent les effets du contrat sur les parties mais également sur l’environnement. Les droits et obligations issus du contrat doivent être exécutés conformément aux textes ; le cas échéant, un arbitrage est envisagéThe service contract, the latest generation of upstream petroleum contracts, appeared in the 70s during the revolution in petroleum countries on concession contracts. Since this period, its spread in the world as its evolution are continuous. Considered one of the most complex contracts, its entry into force is preceded by a pre-contractual period longer than that of a classic contract and followed by a contractual period which lasts several decades. The pre-contractual period is that of study, planning and negotiation procedures. It results in the conclusion of a contract that meets the expectations of the parties. It is during the contractual period that the effects of the contract appear on the parties but also on the environment. The rights and obligations arising from the contract must be executed in accordance with the texts; if necessary, arbitration is envisaged
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Ku, Chen-Yen, and 古楨彥. "The Study of Australian Compulsory Arbitration System in Industrial Disputes─Lessions for Taiwan'' s Labor Arbitration System." Thesis, 2001. http://ndltd.ncl.edu.tw/handle/56035687903153248620.
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Frazer, Andrew Duncan. "Law and industrial arbitration in New South Wales, 1890-1912." Phd thesis, 1990. http://hdl.handle.net/1885/120819.
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The early history of compulsory industrial arbitration in New South Wales between 1890 and 1912 is examined from the viewpoint of a semi-autonomous legal sub-system. The concepts of legalism, juridification, justiciability and corporatism from the sociology of law and general social theory are discussed to raise problems associated with the adoption of legal concepts and institutions for the resolution of industrial disputes.
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Macnab, David Scott. "Mediation arbitration : a better way to justice." Thesis, 1985. http://hdl.handle.net/10413/5159.
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Price, R. B. E. (Rohan B. E. ). "Regulating work in the public interest : a comparison of Commonwealth, Victorian, and British minimum wage regimes (1890-1936)." Thesis, 2002. https://eprints.utas.edu.au/21274/1/whole_PriceRohanBE2002_thesis.pdf.
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"South Africa's bargaining councils and their role in dispute resolution." Thesis, 2008. http://hdl.handle.net/10210/1324.
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M.A.This research examines bargaining councils, the industrial level collective bargaining agents created by the new Labour Relations Act. This study contributes towards filling a gap not only in information that is lacking on bargaining councils, but also attempts to understand their dispute settlement role more fully. Two surveys were conducted, one, the content analysis of the constitutions of councils, and, the second, a questionnaire administered to bargaining councils, which particularly looked at their dispute work. Initial survey findings were qualified and extended through an investigation of a single council, the Clothing Industry Bargaining Council (Northern Areas). Bargaining councils place more emphasis on dispute settlement than industrial councils, and a particular difference between the two types of councils, relates to the potential role of bargaining councils to conduct arbitration. The level of accreditation may be linked to the union that is party to it. Further, a bargaining council’s ability to successfully resolve cases is dependent on clearly delineated procedures for settlement, the establishment of key relationships within the council, and, the accumulation of financial reserves. Importantly, the age of a bargaining council allows for these features to develop over time. The success of individual councils has overall benefits for labour relations in South Africa. Therefore, the formation of bargaining councils needs to be encouraged in sectors where, at present, they do not exist. Moreover, established councils should increasingly apply for accreditation for conciliation, and especially arbitration, where they are not accredited. This research modifies our understanding of councils by providing an indication of their importance in the current industrial relations dispensation, through an appreciation of the role of bargaining councils in dispute settlement.
Prof. P. Alexander
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Barth, B. W. "An investigation into the suitability of arbitration as a dispute settling mechanism in the construction industry." Thesis, 2016. http://hdl.handle.net/10539/20596.
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A dissertation submitted to the Faculty of Science, University of the Witwatersrand, Johannesburg, in fulfilment of requirements for the degree of Master of Science. Johannesburg, 1991.Abstract not provided.
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Omaji, Paul Omojo. "Labour law in Australia and Nigeria : a comparative study in the sociology of legislation." Phd thesis, 1992. http://hdl.handle.net/1885/132443.
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This thesis attempts a comparative sociology of the labour law in Australia and Nigeria.
It finds that there are fundamental similarities between the compulsory arbitration laws
of both countries which cannot be adequately explained, simply, in terms of race,
geography or stages of industrial development. The thesis outlines in considerable
details two broad sociological perspectives on law, the autonomy model and the social
product model, and uses the insights of these two approaches to explain the observed
similarities.
The thesis shows that the 1904 Australian law was transplanted to Nigeria in the period
1968-76. Further, it shows that although at first sight Australia in 1904 is very different
from Nigeria in 1968, the respective social circumstances (particularly the social
control traditions) were remarkably similar, thus allowing the borrowing of the
Australian legislation by Nigeria. The few differences which the thesis identifies
suggest that the borrowing was not a case of blind legal transplantation.
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"The role of Bargaining Councils in dispute resolution in the private sector." Thesis, 2012. http://hdl.handle.net/10210/5597.
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M.Phil.The Labour Relations Act 66 of 1995 introduced new structures for resolution of labour disputes. The Commission for Conciliation Mediation and Arbitration (CCMA) was established as an independent body to resolve labour disputes. The CCMA also took over the functions of the old Industrial Court. The Act also replaced the old Industrial councils with bargaining councils. The function of the bargaining councils is to play a parallel role to the CCMA in dispute resolution within their scope of jurisdiction. The purpose of the legislature in establishing the bargaining councils was to alleviate part of the burden of the CCMA in resolving of labour disputes. The Act envisaged that the CCMA would resolve disputes speedily and inexpensively. If bargaining councils fail in their task of resolving disputes, these disputes are referred back to the CCMA adding to its caseload. The study seeks to establish the effectiveness of bargaining councils in handling dispute resolution function and whether they assist the CCMA in alleviating part of its burden. There are 43 bargaining councils that are accredited by the CCMA to conciliate and arbitrate disputes. Some bargaining councils are accredited to do both conciliations and arbitrations but are failing to perform both tasks. Some bargaining councils are closing down. Other registered bargaining councils do not apply for accreditation. Disputes that are not handled by these councils are referred to the CCMA. The CCMA caseload is escalating every year since inception in 1996. In view of these circumstances the study seeks to understand from bargaining councils and from both the unions and employers organizations that are party to the bargaining council agreements, whether there are any problems that hinder the effectiveness of bargaining councils in dispute resolution in the private sector. It has been concluded in the study that there are a number of problems that can cause bargaining councils not to exercise dispute resolution function effectively. It has been established that only few bargaining councils receive a high number of disputes referred. Bargaining councils are quicker in handling disputes than the CCMA, however, most bargaining councils receive a small number of disputes. Bargaining councils also complain about insufficient funds in handling dispute resolution function. They complain that the subsidy they receive from the CCMA is not enough for this function. Small bargaining councils are the most suffering because of low numbers of referrals. It has also been established that bargaining councils pay their panelists very high rates. The non-accredited bargaining councils are rejected when applying for accreditation because of not meeting the required criteria. Employers are negative about belonging to bargaining councils because they feel it is costly. Some employers who belong to bargaining councils are also reluctant to contribute to established council's fund.
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Ralph, Malinda. "Beregting van arbeidsgeskille deur middel van privaat arbitrasie." Thesis, 2015. http://hdl.handle.net/10210/14147.
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