This thesis examines the promises and challenges of internal dispute resolution
(IDR) in the corporate workplace of Canada and the United States. The focus of inquiry
is twofold: a theoretical and socio-historical study of the corporation followed by a
practical analysis of dispute resolution of human or civil rights.
The examination of the role of the corporation begins with a review of the
statutory and jurisprudential underpinnings of the "corporate person," which have
legitimized the corporation and its powerful place in society. Such power, sanctified by
the law, impacts not only society at large but also employees of the corporation.
Internalization of legal systems into the corporate workplace has shifted some dispute
resolution responsibilities from the public to the private domain, relegating further power
to the corporation. This public to private shift has deputized the corporation as an
enforcer of its employees' civil rights.
Two predominant theories of the corporation - the Contractarian and
Communitarian - provide understanding about power relationships among the
corporation and its constituents. U.S. and Canadian courts and legislatures have
demonstrated a preference for the Contractarian theory, which holds that the corporation
is a nexus of contracts, and that firm managers should prioritize its contract with its
shareholders, governing the corporation so as to maximize shareholder wealth. A careful
examination of corporate theory and governance illustrates the corporation's conflict of
interest in holding shareholder interests primary while resolving employment disputes.
The power differential between the corporation, as agents of its shareholder principals,
and employees presents the greatest challenge in equitably resolving employment
disputes.
The practical aspects of internal dispute resolution in the corporate workplace
focus on the potential benefits and risks to employees. In-house mediation, with certain
procedural safeguards, has potential for benefits that outweigh risks to individual
employees. Building on principles and structures of formal procedural fairness found in
courts of law and administrative tribunals, five essential features can best guarantee
fairness in IDR: voluntary participation, retention of employees' right to judicial review,
prohibition against reprisal for raising the dispute, use of an external mediator, and
oversight of the corporation's IDR program by a neutral, external body. / Law, Peter A. Allard School of / Graduate
| Identifer | oai:union.ndltd.org:UBC/oai:circle.library.ubc.ca:2429/12048 |
| Date | 05 1900 |
| Creators | Charvat, Lori |
| Source Sets | University of British Columbia |
| Language | English |
| Detected Language | English |
| Type | Text, Thesis/Dissertation |
| Format | 8701006 bytes, application/pdf |
| Rights | For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use. |
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