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Explain what is an industrial dispute? How can we resolve an industrial dispute?

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Introduction

´╗┐IMMG 14052 - Industrial and Business Law Assignment No: 04 Student No: IM/2008/050 Explain what is an industrial dispute? How can we resolve an industrial dispute? Industrial Dispute means any dispute or differences between employers and employers or between employers and workmen or between workmen and workmen which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person. When it comes to who and how an industrial dispute can be raised, the following key points will be useful. 1. Any person who is a workman employed in an industry can raise an industrial dispute 2. A workman includes any person (including an apprentice) employed in an industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward. 3. ...read more.

Middle

They should therefore seek to encourage a workplace culture that prevents conflicts from arising. If they fail to do so, collective grievances could arise, which could in turn lead to workers making tribunal claims or calling for industrial action. It is good practice to develop channels for informing and consulting workforce and their representatives on employment matters and business developments more widely. Depending on the size of the business, it could set up: 1. a staff forum or joint working group to pass on information to, collect ideas from and consult with workers 2. an employee consultative body to discuss major issues as they arise 3. team and group meetings and feedback sessions Many employers, especially those which recognise trade unions, have written procedures in place to discuss collective grievances with representatives and other significant issues affecting all or part of the workforce. ...read more.

Conclusion

The initial concerns of the meeting should be to: 1. define the actual cause of the dispute 2. clarify who speaks for each side 3. explore what options are available to resolve the dispute In many cases this meeting, or negotiations that follow it, will resolve the dispute. However, if negotiations become deadlocked, it may be necessary to call in outside help. The following two methods can also use to resolve it. Collective conciliation - Conciliation is a voluntary process where conciliators attempt to help both parties discuss their differences and reach a mutually acceptable agreement - but without actually recommending or imposing a settlement. Collective arbitration - Arbitration is also voluntary but the parties accept in advance to be bound by the arbitrator's resolution, made within agreed terms of reference for the arbitrator. The decision, however, is not legally binding ...read more.

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