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An evaluation of the approaches of the arbitrators to the promotion of disputes resolution in public educationDolopi, Nkosana January 2016 (has links)
Public Education like other sectors such as Health, International Relations, Finance, Local Government and Environmental Affairs that fall under Public Administration as well as business in private, factory and industrial institutions are embraced or characterized by the concept of employer and employee relationships. These relationships are not always wholesome and harmonious but are overshadowed by disputes and strikes which bring about paralysis and polarization of the operation of business and educational stability in public service and administration sectors as well as at learning institutions. These disputes arise from inter alia, disagreements regarding wage negotiations, unfair dismissals, unfair labour practice involving appointments, promotions and transfers, mutual interest, severance pay, automatically dismissals, operational requirements dismissals (both single and multiple), disclosure of information disputes, organizational rights disputes, agency shop disputes, picketing disputes, unfair discrimination disputes in terms of the Employment Equity of Act as amended, and disputes involving the enforcement of collective agreements or the non-compliance with the Basic Conditions of Employment Act and others. Whilst there are similar trends and patterns of disputes in all these sectors, they are, however, not only differ in intensity and rapid occurrence but also in how they are negotiated and settled because the work environments are different at the level of operation, administration and management. What is common in all disputes is that they are all conciliated and arbitrated by arbitrators at the Commission for Conciliation, and Arbitration (hereafter referred to as the CCMA), Education Labour Relations Council (ELRC), Private Resolution Agencies and the Labour Court. The Apartheid era administration had labour laws which dealt with these disputes, but were not progressive and effective in handling them. This placed a heavy burden on the new ANC led government to change the laws of the previous regime. Most of these changes happened in the labour relations and the labour policies. In view of the above situation, the new political dispensation that came into existence and operation in 1994 developed a new labour legislative framework with specific focus on the review of the collective bargaining dispensation. Of significant importance was the entrenchment of labour rights in the Constitution of the Republic of South Africa, 1996. Section 23 of the Constitution is extensive in highlighting the importance to protect amongst others, the right of every trade union to organize and engage in collective bargaining, disclosure of information, restricted rights in domestic sector, rights to establish threshold of representativeness, organizational rights in collective agreements and disputes about organizational rights.
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Supranational systems of dispute resolution and their integration into domestic legal systems : a view of the Latin American ExperienceAguilar, Sofia Beatriz. January 1999 (has links)
The influence of globalization over legal systems has resulted in, among other effects, the emergence of transnational law and new international players, such as multinational corporations (MNEs), non-governmental organizations (NGOs) and numerous international entities. The dynamics of the new players within the new transnational legal order have generated a need for a new supranational system of dispute resolution. / The analysis focuses on the Latin American experience in adapting to judicial reform programs (sponsored by international organizations such as the World Bank and the International Development Bank) which promote the integration of Alternative Dispute Resolution (ADR) methods into domestic legal systems, in order to integrate such systems into a supranational system of dispute resolution for the entire continent. / This study aims to explore various alternatives for preventing a continental supranational system of dispute resolution from undermining domestic democracies, while integrating developing countries into the process of commercial globalization.
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Mediation a popular choice of dispute resolution in family problems : an analysis of reasons, advantages and practice in mainland China and Hong Kong /Zhao, Xianjie. January 2007 (has links) (PDF)
Thesis (M.A.)--City University of Hong Kong, 2007. / Title from PDF t.p. (viewed on Sept. 7, 2007) "LW6409A, dissertation of MA arbitration and dispute resolution" Includes bibliographical references.
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Compare the alternative dispute resolution (ADR) used in Hong Kong and Japan construction industrySo, Shiu Sing David. January 2006 (has links) (PDF)
Thesis (M.A.)--City University of Hong Kong, 2006. / "Master of Arts in arbitration and dispute resolution, LW6409 dissertation" Title from PDF t.p. (viewed on May 23, 2007) Includes bibliographical references.
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Supranational systems of dispute resolution and their integration into domestic legal systems : a view of the Latin American ExperienceAguilar, Sofia Beatriz January 1999 (has links)
No description available.
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Favela justice a study of social control and dispute resolution in a Brazilian shantytown /Rodrigues, Corinne Davis. January 2002 (has links)
Thesis (Ph. D.)--University of Texas at Austin, 2002. / Vita. Includes bibliographical references. Available also from UMI Company.
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Conflict management climate related to employment litigationRivlin, Jennifer N. 12 1900 (has links)
No description available.
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Identification of Critical Dispute Characteristics (CDCs) during construction project operationsShin, Kyoo-Chul 12 1900 (has links)
No description available.
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Problems for a Kantian account of disputes over judgments of tasteMeadows, Toby Scougall, History & Philosophy, Faculty of Arts & Social Sciences, UNSW January 2007 (has links)
In this thesis, we will be concerned with Kant's philosophy of beauty and with a particular area of interest which is of great importance to any practical theory of aesthetics: dispute. If one judges something to be beautiful - if one makes a judgment of taste, and we seek to persuade others to our conviction, then how can we go about doing this? We shall discover that Kant's theory provides an interesting account of how disputes over taste can take place: an account which is informative for the way in which we conduct aesthetics today.
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Court-connected alternative dispute resolution : the Ontario mandatory mediation program and the German obligatory settlement procedure. Approaches to achieving early case settlement: a comparative analysis.Gilbert, Martin. January 2004 (has links)
Thesis (LL. M.)--University of Toronto, 2004. / Adviser: Alan Stitt.
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