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8 Cards in this Set
- Front
- Back
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Define a dispute |
A continuous disagreement between employer, employees & their unions as regards to any matter of common interest or any work-related factor affecting their relationship or any processes & structures established to maintain such a relationship |
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Name 2 types of disputes and discuss |
Dispute of right Dispute of interest |
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What are the aims of dispute resolution? (Name 6) |
* Avoid escalation of conflict * Avoid an outcome of win/lose * Acceptable solution for both sides * Prevent issues in dispute early * Obtain max info about issue * Explore different options for handling |
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Name & define 3 basic methods for dispute resolution |
Negotiation is an interactive process aimed at a fair, reasonable & mutually acceptable positioning of 1 party in the interaction with another. Takes place between management & organized labour in CB Mediation is the active intervention of a 3rd party for the purpose of inducing settlement. It involves an attempt at conciliation, but 3rd party mediator is present & pivotal to the conciliation process. Arbitration involves the appointment of a 3rd party to act as adjudicator in a dispute & to decide on the terms of settlement. (Doesn't promote continuation of CB like the 1st 2) |
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Discuss the role of a Negotiator (as a conciliator) |
-to establish a forum -coordinate & lead negotiation team -get both parties to resolve differences & reach agreement -he doesn't dominate / impose his ideas |
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Discuss the role of a Mediator (as a conciliator) |
-plays active part in process -attempts by all means to bring about settlement -advises both sides -acts as intermediary -suggests possible solutions BUT -acts only in advisory capacity -has no decision-making powers -can't impose a settlement on either part |
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Discuss the role of a Arbitrator |
-actively intervenes in dispute -role of decision-making -listens to & investigates demands & counter-demands on both sides -decides on final settlement Whatever settlement he imposes will become binding on both parties |
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List 5 dispute resolution institutions |
CCMA Labour Court Labour Appeal Court Accredited Bargaining Council & Private Agencies |
