Key Issues Highlighted1 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 – 23 October 2008 Key Issues Highlighted Nerine

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  • Slide 1
  • Key Issues Highlighted1 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Nerine Khan Important to share common issues and common problems, share issues, have discussions and debate Important role of dispute resolution agencies in a time of economic down-swing
  • Slide 2
  • Key Issues Highlighted2 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Judge R Zondo The importance of looking at the resolution of labour disputes in different jurisdictions Different jurisdictions to share their experiences Look at issues to see where we are going wrong and where we would like to be Forum shopping (choosing the forum that you think you might be most successful in)
  • Slide 3
  • Key Issues Highlighted3 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Judge R Zondo Labour Relations Act of 1995 Provide for an agency where people are well trained in Mediation and Arbitration Such agency to provide for the expeditious resolution of labour disputes
  • Slide 4
  • Key Issues Highlighted4 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Judge R Zondo Chirwa case (forum shopping), Constitutional Court found that the High Court did not have jurisdiction and that the dispute should have followed the mechanisms set out in the Labour Relations Act Other recent cases have tended to uphold the Chirwa finding (Fredericks) There should be no confusion that could lead to 'forum shopping' (This could take up to 20 years!)
  • Slide 5
  • Key Issues Highlighted5 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Prof Haroon Bhora (An economist at a lawyers conference) Unemployment in South Africa, Descriptors & Determinants The lens that economists use when trying to understand the labour market The key labour market challenge is UNEMPLOYMENT! South Africa's unemployment rate is more than double its nearest comparative country in the 'developed' world
  • Slide 6
  • Key Issues Highlighted6 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Prof Haroon Bhorat The disparity in unemployment rates in terms of race and gender 34% of people between 15 & 24 unemployed, youth unemployment is a predictor for the future Youth unemployment is a concern globally, but far more pronounced in SA Highest growth in unemployment for the more highly educated, are the right graduates being produced?
  • Slide 7
  • Key Issues Highlighted7 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Prof Haroon Bhorat Differentiating between the unemployed and the unemployable Legacy of Apartheid Schooling, disadvantage still located within traditional African Schooling Possible causes: Output & Employment, Growth, Wages & Employment, Trade Unions & Bargaining Councils Looking ahead: Pro-Poor Growth? Growth has not been Pro-Poor
  • Slide 8
  • Key Issues Highlighted8 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Prof Haroon Bhorat The gains from growth have not been shared equally, the Second Economy Dispute resolution systems and processes should be seen within the wider context of the labour market, one of which is the scale of unemployment, this latter factor, especially amongst the 15-24 year old work seekers is a major challenge for dispute resolution
  • Slide 9
  • Key Issues Highlighted9 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Australia A discussion of the major recent changes in the workplace relations system in Australia & the present Governments legislative programme including an analysis of likely developments in relation to minimum conditions of employment, bargaining & dispute settlement.
  • Slide 10
  • Key Issues Highlighted10 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Australia: Justice Geoff Giudice A number of major reforms in Industrial Relations systems in Australia in last 15 years Previously compulsory Conciliation and Arbitration, Arbitration now only available in relation to disputes that threaten the economy or an important part of it or which threaten the health and welfare of a significant part of the population Protected action may not be taken without a ballot and an order of the Australian Industrial Relations Commission
  • Slide 11
  • Key Issues Highlighted11 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Australia: Justice Geoff Giudice Statutory protection against unfair termination of employment Commission can assist Collective Bargaining disputes through Conciliation and Mediation The value of good labour relations cannot be underestimated
  • Slide 12
  • Key Issues Highlighted12 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Northern Ireland: Bill Patterson The state of dispute resolution, collective bargaining trends, effects of the global economic down-swing. Impact of the changing nature of work.
  • Slide 13
  • Key Issues Highlighted13 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Northern Ireland: Bill Patterson Government review of Dispute Resolution Revised legislation expected 2009-2010 Abolish fixed periods for conciliation Introduce comprehensive LRA Guidelines Expand LRA dispute resolution services to a full menu of mediation processes
  • Slide 14
  • Key Issues Highlighted14 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted United Kingdom: John Taylor A specific focus on Alternative Dispute Resolution Agencies role in educating and promoting workplace best practice and good employment relations Good employment relations are the new competitive advantage
  • Slide 15
  • Key Issues Highlighted15 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted United Kingdom: John Taylor ACAS, created by employers and unions coming together, mutuality of purpose, completely impartial Prevent or resolve disputes between employers and their workforces An organisation for the workplace, not simply an organisation dealing with conflict, encourage people to work together more effectively
  • Slide 16
  • Key Issues Highlighted16 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted United Kingdom: John Taylor How do you balance out employee rights with employer desire for a flexible market?
  • Slide 17
  • Key Issues Highlighted17 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted United Kingdom: John Taylor ACAS Aim: Improve organisations and working life through better employment relations Perceptions of job insecurity fuelled by outsourcing, off-shoring and employment fragmentation Changing workforce pattern gender, age, nationality Changing working patterns (24/7 society) Growing influence of ICT
  • Slide 18
  • Key Issues Highlighted18 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted United Kingdom: John Taylor Growing income inequalities, concern over vulnerable workers, but minimum wage effective Emergence of super-unions UNITE etc Future Business Challenges: Managing 'Diversity', Managing continuous change, Making the most of the work-force's potential 'Human Capital'
  • Slide 19
  • Key Issues Highlighted19 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted United Kingdom: John Taylor ACAS' role going forward: Greater focus on ADR New code of practice on discipline and grievance Expansion of pre-claim conciliation Greater focus on mediation services Boost professionalism of collective conciliation Voluntarism, based on the credibility and professionalism of the dispute resolution agency
  • Slide 20
  • Key Issues Highlighted20 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted United Kingdom: John Taylor 2000 + The Age of Resolving Issues and Maintaining Relationships Win-Win
  • Slide 21
  • Key Issues Highlighted21 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted South Africa: Nerine Kahn The state of dispute resolution, collective bargaining trends, effects of the global economic down-swing. Impact of the changing nature of work. A specific focus on the challenges of migrant labour in South Africa
  • Slide 22
  • Key Issues Highlighted22 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Republic of Ireland: Kieran Mulvey & Maurice Cashell The state of dispute resolution, collective bargaining trends, effects of the global economic down-swing. Impact of the changing nature of work. A specific focus on increased diversification of the workforce, including migrant labour.
  • Slide 23
  • Key Issues Highlighted23 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Republic of Ireland: Kieran Mulvey & Maurice Cashell Rights Commissioner Service: Focus on a non- adversarial, solution seeking approach to resolving labour conflicts Rights Commissioners are independent of the Commission and are chosen from a list put forward by trade unions and employers 70% of decisions by Rights Commissioners are made in favour of the claimants High number of claims by migrant labourers
  • Slide 24
  • Key Issues Highlighted24 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Republic of Ireland: Kieran Mulvey & Maurice Cashell Labour Relations Commission Codes of Good Practice The Irish Social Model 1987-2008: The Irish Process of Social Partnership. (Move from adversarialism to consultation, negotiation, bargaining, problem solving) Agreement towards 2016 (Traditional agreement to meet the economic crisis) The Bargaining Agenda-National / Enterprise Level
  • Slide 25
  • Key Issues Highlighted25 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Republic of Ireland: Kieran Mulvey & Maurice Cashell New Migrant Workforce Ireland The Challenge of Integration: The concerns of the unions (replacement workers, unrepresented workers); Ensuring Statutory Protection; Access to Dispute Resolution Services Living in difficult times, there are great possibilities for change, we work for people and with people!
  • Slide 26
  • Key Issues Highlighted26 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Canada: Guy Baron Supreme Court of Canada decision in British Columbia Health Services Constitutional Protection extended to the right to free collective bargaining Right includes duty to bargain in good faith Canadian adherence to international agreements (ILO Conventions) further supports right
  • Slide 27
  • Key Issues Highlighted27 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted Canada: Guy Baron The Federal Mediation and Conciliation Service: Proactive in Building and Rebuilding Relationship Collective Bargaining: Conciliation/Strike or Arbitration Grievances; Mediation, Adjudication The Canada Labour Code: Federal Jurisdiction for the Proactive Facilitation of Disputes
  • Slide 28
  • Key Issues Highlighted28 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted United States of America The state of dispute resolution, collective bargaining trends, effects of the global economic down-swing. Impact of the changing nature of work. A specific focus on developing mediation capacity & skills in ADR Institutions & in Workplaces
  • Slide 29
  • Key Issues Highlighted29 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted United States of America Unionised workforce perceived to be more costly than non-unionised Intensification of labour-management tension, management and unions negotiating as economic adversaries rather than collaborative problem- solvers Increase in labour-management tension Job security becoming key bargaining issue with health care and pensions
  • Slide 30
  • Key Issues Highlighted30 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted United States of America Persistent attitude that accepting mediation in a dispute is a sign of weakness Lack of labour-relations training at business schools Fewer labour-relations professionals, lack of experience on both sides FMCS program, teaching the value and benefits of mediation
  • Slide 31
  • Key Issues Highlighted31 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted United States of America Real challenge in conflict management is people choosing how they are going to deal with that conflict! We need to look for ways to accommodate one- another Need for Relationship Development and Training Need to keep Renewing Relationships
  • Slide 32
  • Key Issues Highlighted32 International Perspectives: Workplace Dispute Resolution Conference Cape Town, 22 23 October 2008 Key Issues Highlighted New Zealand: James Wilson The state of dispute resolution, collective bargaining trends, effects of the global economic down-swing. Impact of the changing nature of work. A specific focus on dispute prevention initiatives & outreach programme; migrant labour & newly intro...