1710 Introduction to arbitration of labour disputes

1710 Introduction to arbitration of labour disputes

R150.00

This article discusses the arbitration as a dispute resolution process in the context of the Labour Relations Act, 1995 and the Arbitration Act, 1965. The discussion begins with an explanation of terms used, then compares and contrasts statutory arbitration with private arbitration, with emphasis on the arbitration of unfair dismissal disputes. The article concludes with a discussion of the styles which may be used by an arbitrator when managing an arbitration and ends with suggesting best practice in this regard.

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Description

1710 An introduction to the arbitration of labour disputes

Table of Contents

  1. Introduction

1.1        What is meant by ‘arbitration’?

1.2        Types of arbitration

1.3        Arbitration as a dispute resolution process

1.4        Fact finding

1.5        Hybrid processes

1.6        Conclusion

  1. Private and statutory arbitration

2.1        A comparison between statutory arbitration, private arbitration and adjudication.

2.2        The nature of statutory arbitration i.e. arbitration in terms of the LRA compared to private arbitration i.e. in terms of the Arbitration Act.

  1. Statutory Arbitration as a dispute resolution process

3.1        Jurisdiction to arbitrate

3.2        A de novo hearing

  1. Forms or styles of arbitration

4.1        Adversarial arbitration style

4.2        Inquisitorial arbitration style

4.3        Best practice

 

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