Labor Dispute Resolution System of the Fair Work Commission(FWC) and FWC’s Recent Decisions on Employee versus Contractor in the Delivery Rider’s Wrongful Dismissal Cases

2020 ◽  
Vol 60 ◽  
pp. 41-62
Author(s):  
Soh-yeong Kim
Keyword(s):  
Dispute Resolution ◽  
Labor Dispute ◽  
Resolution System ◽  
Wrongful Dismissal ◽  
Dispute Resolution System

scholarly journals Labor Dispute Resolution and Migrant Workers’ Legal Rights Protection in China

2020 ◽  
Vol 02 (01) ◽  
pp. 2050004
Author(s):  
Jieren Hu ◽  
Daniel Martin
Keyword(s):  
Dispute Resolution ◽  
Migrant Workers ◽  
Formal System ◽  
Legal Rights ◽  
Labor Dispute ◽  
Labor Disputes ◽  
Rights Protection ◽  
Resolution System ◽  
Legal Perspective ◽  
Dispute Resolution System

The formal labor dispute resolution system of administrative organs, arbitration tribunal and courts which have been established to handle labor disputes remains an ineffective tool for migrant workers to resolve their disputes with their employers in China. Moreover, experience has exemplified that among the mediation style, non-official mediators have proven to be more effective in settling cases and helping migrant workers than mediators within the formal system. Taking “Little Bird,” a famous NGO for migrant workers rights protection in China, as an example, this article focuses on the problem of arrears in wages of migrant workers from a sociological-legal perspective. This article argues that the current legal system in China fails to adequately protect the legitimate rights and interests of migrant workers and that informal mediation may help resolve disputes between migrant workers and employers more efficiently. The effectiveness of NGO’s role in handling labor disputes as well as its limitations, would also be analyzed and discussed.

Designing an Effective Dispute Resolution System

1988 ◽  
Vol 4 (4) ◽  
pp. 413-431 ◽  
Author(s):  
William L. Ury ◽  
Jeanne M. Brett ◽  
Stephen B. Goldberg
Keyword(s):  
Dispute Resolution ◽  
Resolution System ◽  
Dispute Resolution System

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

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

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

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