People's conciliation is a grass‐roots effort for conflict management in China. It settles civil disputes without characterizing them as conflicts between blameworthy…
People's conciliation is a grass‐roots effort for conflict management in China. It settles civil disputes without characterizing them as conflicts between blameworthy adversaries. It does not take legal effect. But with support from the people's court and government, it is generally honored as an institution to maintain and promote mutual confidence and reciprocal relations among rural villagers, urban residents, and work unit employees. This paper attempts to provide a comprehensive description and analysis of people's conciliation. The origin, development, and organization are approached in relation to conciliation in Chinese history as well as other forms of intervention such as self‐conducted, lawyer‐assisted, administrative, and judicial conciliation. Case variety, principle, prohibition, strategy, procedure, and conciliator training are examined Illustrative cases are provided. Ideological and institutional aspects are analyzed in light of Maoism, political economy, culture and community, and public attitude in China.
This chapter focuses on dispute resolution in French labor courts. We empirically investigate the forces that shape decision-making in the pretrial conciliation phase. For…
This chapter focuses on dispute resolution in French labor courts. We empirically investigate the forces that shape decision-making in the pretrial conciliation phase. For that purpose, we compiled a new database from legal documents. The results are twofold. First, conciliation is less likely when plaintiffs are assisted by a lawyer. Although this result might be interpreted in various ways, further analysis shows that the lawyers’ remuneration scheme is the most likely cause of this effect. Second, we find that the likelihood of settlement decreases as the amount at stake increases. These results contribute to the ongoing debate about French labor court reform.
Whilst notions of conflict have historically underpinned the rhetoric and policy focus of employment relations, more recently the locus of debate has shifted towards the…
Whilst notions of conflict have historically underpinned the rhetoric and policy focus of employment relations, more recently the locus of debate has shifted towards the relationship between employment relations and organisational performance. Yet, Acas remains best known for its dispute resolution services. Using new data, the paper explores Acas' dispute resolution functions, but also examines a broader range of Acas interventions aimed at supporting organisations in handling conflict through arrangements for improved employment relations. It reports data on Acas customers' perceptions of the nature and impact of Acas interventions. Focusing on the activities aimed at tackling collective issues, it considers how these fit into the Government's wider “productive workplace” agenda. It concludes that Acas' strength lies in bringing the parties to the table, both to resolve disputes and also to develop innovative strategies for improving workplace effectiveness. The paper also assesses future opportunities for seeking a more strategic approach to managing conflict at work.
Examines dispute resolution in Britain and in particular,third‐party intervention, notably conciliation, mediation andarbitration as provided by the Advisory, Conciliation…
Examines dispute resolution in Britain and in particular, third‐party intervention, notably conciliation, mediation and arbitration as provided by the Advisory, Conciliation and Arbitration Service (ACAS). Examines the role of industrial tribunals and makes a comparison with arbitration. Draws attention to recent trends in dispute resolution in Britain and in particular the rise in individual conciliation cases as British workers exercise their new found rights under European Union (EU) law. Comments on possible reforms to the system of dispute resolution in Britain.
Since their creation through the Industrial Training Act 1964 to hear appeals against levies, the jurisdiction of industrial tribunals has grown considerably. One aspect…
Since their creation through the Industrial Training Act 1964 to hear appeals against levies, the jurisdiction of industrial tribunals has grown considerably. One aspect of this jurisdiction, unfair dismissal, is examined here. Basic principles related to the law of unfair dismissal are examined. The practice and procedure of an industrial tribunal solely in connection with unfair dismissal cases are examined in greater detail. A case study is used to illustrate the important aspects of procedure. Appendices give relevant forms and extracts from the appropriate Code of Practice.
Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.
Originally written in the 1990s but unpublished, the paper is now revised; the purpose of this paper is to examine the context of the formation of the Educational Workers…
Originally written in the 1990s but unpublished, the paper is now revised; the purpose of this paper is to examine the context of the formation of the Educational Workers League of NSW in 1931 with particular emphasis on the NSW Crown Employees (Teachers) Conciliation Committee and the enactment of its agreement in the worsening economic conditions of the Depression. The aims, reception and possible influence of the League on Federation policy and practice are addressed.
Primary source material consulted includes the minutes of the Conciliation Committee’s sittings from September 1927 to July 1929; papers relating to the Educational Workers League held in the Teachers Federation Library; and the Teachers Federation journal, Education.
The Conciliation Committee’s proceedings and outcomes had far reaching implications. The resultant salary agreement received a hostile reception from assistant teachers and fuelled distrust between assistants and headmasters. As economic depression deepened, dissatisfaction with the conservative leadership and tactics of the Federation increased. One outcome was the formation of the radical, leftist Educational Workers League by teachers, including Sam Lewis, who would later play key roles within the Federation itself.
While acknowledging the extensive earlier work of Bruce Mitchell, the paper contributes to a deeper understanding of teacher unionism and teacher activism in the 1920s and 1930s. Apart from brief attention by Federation historians in the 1960s and 1970s, there has been no history of the formation, reception and significance of the Educational Workers League.
Outlines the make‐up and role of ACAS. Considers the different areas of their work i.e. collective conciliation, advisory services, individual conciliation, and promotion work. Discusses each in turn before speculating on the future for ACAS, suggesting that it needs to keep pace with the changing nature of work. Cites that the body is attempting an arbitration alternative to the legalistic employment tribunal.
The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.