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Book part
Publication date: 22 November 2012

Jonathan Hamberger

It is over 25 years since the Hancock Report recommended that Australian enterprises implement workplace level procedures for the resolution of disputes and grievances…

Abstract

It is over 25 years since the Hancock Report recommended that Australian enterprises implement workplace level procedures for the resolution of disputes and grievances. Legislation now requires that all enterprise agreements contain dispute settlement procedures (DSPs). While most large organisations have enterprise agreements – and therefore DSPs – there is very little empirical research into how and whether Australian organisations use these DSPs – let alone what broader role they may play in regulating the employer–employee relationship. This chapter seeks to provide answers to these questions.

This chapter presents the results of three case studies of large organisations: a bank, a retailer and a state government agency. These organisations have been chosen from a larger group of case studies to illustrate three approaches to the management of workplace disputes. The organisations share certain features such as: the effective use of workplace procedures to resolve the great majority of workplace disputes; and the adoption of a ‘dual system’ with internal grievance procedures playing a role alongside DSPs. However they vary considerably in their approach to dispute resolution. The Bank's ‘strategic’ approach involves a comprehensive conflict management system. The State government agency's ‘reactive’ approach to workplace conflict resolution gives a much greater role for third parties, while the Retailer's ‘pragmatic’ approach incorporates elements from both the other two approaches.

The chapter discusses the implications of this diversity of approach for human resource management, organisational justice and workplace relations.

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Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-1-78190-378-0

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Article
Publication date: 1 January 1975

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…

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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.

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Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and…

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Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

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Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

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Book part
Publication date: 2 February 2018

Jonathan Hamberger

There has been considerable research into different approaches to workplace dispute resolution in the United States (US), the United Kingdom (UK), and to a lesser extent…

Abstract

There has been considerable research into different approaches to workplace dispute resolution in the United States (US), the United Kingdom (UK), and to a lesser extent other English-speaking countries. This chapter considers what guidance this research can provide into the practical implications of these different approaches.

One frame of reference for evaluating different approaches to workplace dispute resolution is provided by Budd’s three objectives of the employment relationship: equity, voice and efficiency.

While dispute resolution procedures can contribute to all three objectives, there can be negative consequences for employees who make use of formal workplace dispute resolution procedures. It is desirable that workplace disputes be resolved quickly and informally.

Such an approach places considerable weight on the skills of line managers. Unfortunately, there is evidence of a preference among line managers to replace pragmatic approaches to conflict resolution with a rigid adherence to process and procedure. This is partly due to a lack of skills, but is often compounded by inadequate support from senior management.

While it is important for organisations to have formal workplace dispute resolution procedures, the focus should be on line managers. The role of human resources staff and senior management should primarily be to monitor the dispute resolution system, ensure that it is operating effectively and deal with any emerging issues. They should ensure appropriate training is in place and provide appropriate support to line managers. Only when line managers have failed to resolve disputes should they become directly involved.

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Advances in Industrial and Labor Relations, 2017: Shifts in Workplace Voice, Justice, Negotiation and Conflict Resolution in Contemporary Workplaces
Type: Book
ISBN: 978-1-78743-486-8

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Book part
Publication date: 1 February 2009

Pao-Li Chang

This chapter provides a theoretical framework of dispute settlement to explain the surge in blocking incidence of GATT panel reports during the 1980s and the variations in…

Abstract

This chapter provides a theoretical framework of dispute settlement to explain the surge in blocking incidence of GATT panel reports during the 1980s and the variations in withdrawn incidence versus total disputes across different decades of the GATT regime. The study first suggests the role of the degree of legal controversy over a panel ruling in determining countries' incentives to block (appeal) a panel report under the GATT (WTO) regime. The study then analyzes the effects of political power on countries' incentives to use, and their interactions in using, the dispute settlement mechanism, given two-sided asymmetric information regarding panel judgement.

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Trade Disputes and the Dispute Settlement Understanding of the WTO: An Interdisciplinary Assessment
Type: Book
ISBN: 978-1-84855-206-7

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Article
Publication date: 1 August 1996

Sid Kessler and Gill Palmer

Examines the history of the Commission on Industrial Relations (CIR) 1969‐74 ‐ its origins, organization and policies ‐ and then evaluates its contribution as an agent of…

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Abstract

Examines the history of the Commission on Industrial Relations (CIR) 1969‐74 ‐ its origins, organization and policies ‐ and then evaluates its contribution as an agent of reform in the context of the perceived problems of the 1960s and 1970s. Considers whether there are any lessons to be learnt for the future given the possibility of a Labour Government, developments in Europe and the 1995 TUC policy document Your Voice at Work. Despite the drastic changes in industrial relations and in the economic, political and social environment, the answer is in the affirmative. In particular, the importance of a new third‐party agency having an independent governing body like the CIR and not a representative body like the Advisory, Conciliation and Arbitration Service (ACAS); in its workflow not being controlled by government; and in its decisions on recognition being legally enforceable.

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Employee Relations, vol. 18 no. 4
Type: Research Article
ISSN: 0142-5455

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Article
Publication date: 1 June 2002

Polonca Koncar

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they…

Abstract

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they govern. Provides some suggestions for improvement and change. Considers alternative methods of dispute settlement and the impact of the European convention on Human Rights.

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Managerial Law, vol. 44 no. 3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 March 1993

Robert S. Peirce and Dean G. Pruitt

This research concerned preference and choice among six procedures commonly used to resolve disputes. Two experiments revealed that, compared to complainants, respondents…

Abstract

This research concerned preference and choice among six procedures commonly used to resolve disputes. Two experiments revealed that, compared to complainants, respondents liked inaction and disliked arbitration. However, the most striking findings concerned general preferences among the procedures: consensual procedures (negotiation, mediation, and advisory‐arbitration) were best liked, followed by arbitration, with inaction and struggle least liked. Further analysis suggested that perceptions of self‐interest and societal norms underlie these procedural preferences, with the latter perceptions apparently more important. An examination of choices among the procedures revealed that negotiation was by far the most common first choice of action. If negotiation failed to resolve the conflict, the following escalative sequence of actions was typically endorsed: mediation, then advisory arbitration, then arbitration, and finally struggle.

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International Journal of Conflict Management, vol. 4 no. 3
Type: Research Article
ISSN: 1044-4068

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Book part
Publication date: 1 February 2009

James H. Cassing

A somewhat underappreciated aspect of the burgeoning rush to regional trade agreements (RTAs) is a discrepancy between the dispute settlement procedure (DSP) embodied in…

Abstract

A somewhat underappreciated aspect of the burgeoning rush to regional trade agreements (RTAs) is a discrepancy between the dispute settlement procedure (DSP) embodied in the original World Trade Organization (WTO) Dispute Settlement Understanding (DSU) and that found in the language of many RTAs. This chapter explores the issue in the context of a dynamic repeated game of trade agreements. As is well known, the institutional alternatives available in negotiating multilateral freer trade agreements – regional agreements, side agreements, trade dispute settlement punishments, and so on – can proscribe the limits and shape the nature of self-enforcing trade agreements. Here, we suggest the extent to which deviations from the WTO DSP embodied in RTAs – for example, “private interest access,” “third party procedures,” and “choice of forum” – can not only work against the interests of “weaker parties” but furthermore undermine multilateral agreements closer to free trade.

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Trade Disputes and the Dispute Settlement Understanding of the WTO: An Interdisciplinary Assessment
Type: Book
ISBN: 978-1-84855-206-7

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Article
Publication date: 5 December 2016

Youngmin Kwon

The purpose of this paper is to investigate differences among member groups, with more detailed division of groups than the existing literatures, during the WTO’s dispute

Abstract

Purpose

The purpose of this paper is to investigate differences among member groups, with more detailed division of groups than the existing literatures, during the WTO’s dispute settlement procedures.

Design/methodology/approach

Trade disputes requested through the WTO’s DSU regimes up until 2011 were statistically described and analyzed using logit regression models.

Findings

Despite capacity gaps, developing nations have encountered stronger legal challenges from the US and, although without much capacity gaps, similar patterns of litigation rivalries between the US and other advanced countries, with the exception of the EU, have been also found during dispute settlements in the WTO regimes.

Research limitations/implications

Although the DSU procedures themselves might not be biased for/against certain member groups, there has been some evidence of the struggles of weaker opponent groups of the US during the actual litigation processes.

Originality/value

Power dominances of the US against developing nations as well as developed nations, other than the EU, have been neglected in many previous researches on the topic with a simple developed-developing dichotomy classification.

Details

Journal of Korea Trade, vol. 20 no. 4
Type: Research Article
ISSN: 1229-828X

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