Where the conflict may be a matter of opinion, such as where a person or group is entitled to some resources or Privileges (such as access to property, better working conditions, etc). Because there is no established law or right, a dispute of interest will usually be solved through collective bargaining or negotiation.
“Disputes of rights”,
Where people or groups are entitled by law, by contract, by previous agreement or by established practice to certain rights. Disputes of right will focus on conflict issues such as employment contracts, legally enforceable matters or unilateral changes in accepted or customary practices. A dispute of rights is, therefore, usually settled by legal decision or arbitration and not by negotiation.
Below I will be listing the steps taken in each process as well as giving a brief explanation of each.
DISPUTE OF INTEREST
Negotiation is an interactive process whereby both parties can come to a fair reasonable and mutually acceptable deal on aspects they are concerned about According To Finnemore (2009:278) conciliation can be defined as a direct intervention process where a third party brings the parties together but does not intervene, but acts as a go between to help the two parties come to a mutually acceptable agreement. Arbitration can be defined as a direct intervention where the Arbitrator now plays a crucial role in resolving the dispute by holding a fair hearing where witnesses can be heard and Positions can be stated the third party (The Arbitrator) then makes a final decision which must be adhered to and they accept as binding. OR,
A partial or complete concerted refusal to work
The employer denies access to the employees to the workplace to force them to accept their terms by causing them financial harm. Technique where by workers primarily through their representatives perioclia confer with their suspension or more senior employee representative. This Is done in a structured manner of a committee. For example, According To Finnemore (2009:278) conciliation can be defined as a direct intervention process where a third party brings the parties together but does not intervene, but acts as a go between to help the two parties come to a mutually acceptable agreement. Arbitration can be defined as a direct intervention where the Arbitrator now plays a crucial role in resolving the dispute by holding a fair hearing where witnesses can be heard and Positions can be stated the third party (The Arbitrator) then makes a final decision which must be adhered to and they accept as binding. A court of law decides the dispute
DEFINITION PG 146 – 147TB
Is when a dispute is referred to the CCMA or bargaining council when it cannot be resolved within the organisation.
This process usually begins when a party voluntarily decides to refer an issue to conciliation, this usually happens when the parties attempt to settle a dispute and don’t succeed and come to a deadlock. Conciliation can be used to settle jurisdictional disputes and disputes about rights.
Part of the conciliation is the mediation process
It is a body independent of the state and of any political party, union, employers organization or federation of union or employers organizations with jurisdiction in all the provinces of the republic. They are responsible mainly for dispute resolution through conciliation in terms of the LRA. Mediation is a form of conciliation which follows a specific procedure. Parties will be put in separate rooms and a third party moves between the two trying to assist in the process of finding a consensus. The resolution is then found by the parties with the help of a mediator. This is different as it is not a consensus – seeking process, but one based on a decision. An arbitrator will listen to both parties, ask both parties to give evidence and then afford each party the opportunity for closing arguments the parties then leave the premises and the arbitrator comes to a final binding decision based on the evidence before them.
This refers to the process in which arbitration follows almost immediately after conciliation if the conciliation failed and both parties consent to proceed to arbitration. It is a superior court of law with authority with inherent power and status relating to matters within its jurisdiction, it consists of a judge president, deputy judge president and as many judges as the president deems necessary. The superior court that is the final court in respect of all judgments and orders made by the labour court of appeal consists of a judge president, deputy judge president and THREE other judges of the Supreme Court. Powers relate largely to appeals and reviews.
An organisations disciplinary system provides the necessary mechanisms to enable management to keep employee conduct in line with the organisations requirements (p202 – SG)
The disciplinary code is often in a matrix format, in which each transgression is linked with an appropriate sanction or it may simply list transgressions under different headings that indicate the seriousness of the offense and the possible disciplinary sanctions that may follow such as transgressions. (p289 – textbook)
The disciplinary procedure sets out the manner in which disciplinary action is to be taken against employees. It details steps that will have to be taken, such as investigations and appropriate disciplinary sanctions, such as warnings.
a) Standards of conduct (rules and norms) must be formulated. They are usually turned into a document called a disciplinary code. b) The employees conduct/behavior and/or performance should always be monitored and measured against these standards, it’s a continuous process as it occurs throughout the employment relationships
c) An employee’s conduct/behavior and/or performance, in instances where they fall short of the standards set out need to be corrected, this may include the use of disciplinary measures.
d) One has to see whether the corrective measure has had the desired effect by asking whether or not the employee’s conduct/behaviour and/or performance has been corrected or changed and whether it now complies with the rules or norms as set out in the code.
Two main types of disputes have been noted (although these two types may also happen in other situations).