What are the different modes of settling labor disputes?
The methods of adjustment of labor disputes stipulated in the Labor Relations Adjustment Act are conciliation, mediation, and arbitration.
What is a labor dispute example?
For example, if an employer refuses to accept a certain wage offered by a union in a collective bargaining agreement and then offers the workers a higher wage than the union had demanded, that is an unfair labor practice.
How can Labour disputes be resolved?
Commission for Conciliation, Mediation and Arbitration – CCMA. One of the most common methods used to resolve labour disputes is conciliation. Unsuccessful conciliation may further be referred for arbitration, the Labour Court and the Labour Appeal Court.
How are arbitration and mediation similar and different?
Like mediation, arbitration utilizes a neutral third party, called the Arbitrator, to resolve the conflict between the parties outside of a courtroom. However, unlike mediation, the Arbitrator serves as a private judge to listen to the evidence and make rulings to determine the outcome of the dispute.
What are the different kinds of disputes?
The types of disputes dealt with by courts can be broadly divided into two types: criminal cases and civil cases….Civil cases
- financial issues – such as bankruptcy or banking disputes.
- housing.
- defamation.
- family law.
- employment law.
How long can a CCMA case take?
How long does it take before the CCMA gives its ruling? The commissioner will make a final and binding decision, called an arbitration award, within 14 days. A CCMA case in South Africa takes between 10-12 weeks to be finalised – provided that there are no postponements or interruptions to the case.
What is strike and lockout?
The purpose of a strike is to compel an employer to agree to terms and conditions of employment, whereas a lockout is intended to exert similar pressure on the employees and the union. The practical result of each, in terms of the impact on the employer’s business, is virtually identical.
What is one main difference between arbitration and mediation?
Comparison Between Arbitration & Mediation
| Arbitration | Mediation |
|---|---|
| Adjudication | Expedited negotiation |
| Arbitrators control the outcome. | Parties control the outcome. |
| Arbitrator is given power to decide. Final and binding decision. | Mediator has no power to decide. Settlement only with party approval. |
What is nature of dispute?
Any dispute arising out of or relating to this Agreement, including without limitation, the interpretation of any provision of this Agreement or the breach, termination or invalidity of this Agreement (a “Dispute”) shall be settled exclusively and finally by arbitration.