Arbitration Award and Opinion ISSUE The parties stipulated the following issue: (1) Does the collective bargaining agreement (CBA) require the employer to have “just cause” to fire an employee‚ even if the language is not in the CBA? FACTS A truck drive was discharged for failing to make timely deliveries and not using the quickest‚ most direct route as previously instructed. The company warehouses and distributes wholesale floor covering products and operates from several locations. The driver
Premium Trade union Employment Collective bargaining
INTERNATIONAL COMMERCIAL ARBITRATION RESEARCH PAPER RESEARCH TOPIC: ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION IN INDIA: ISSUES AND CHALLENGES IN INTERNATIONAL COMMERCIAL ARBITRATION. TUTOR NAME: PROFESSOR DR. FRANCIS JULIAN STUDENT NAME: GAURAV SHARMA INTRODUCTION Foreign direct investment (FDI) has played an important role in the process of globalization in India during the past two decades. Despite the increasing inflow of foreign capital in the Indian economy‚ India’s
Premium Arbitration
Grievance Handling & Arbitration Course Work Questions (2) 30/9/2013 1. What do you understand by the term productivity? How is grievance handling related to productivity? Discuss 2. How can grievances be handled by management more effectively? Answer both questions Word count 1500 words per question. Question#1 Productivity can be defined as the relationship between the quantity of output and the quality of input used to produce that output. Productivity
Premium Management
international commercial arbitration has managed to establish its independence from the courts to such an extent that special provisions that protect its status are taken for granted. Nevertheless such supportive provisions are a vital part of any legislative instrument in support of arbitration- after all; one never knows how arbitration will develop in future. T he policy of the courts and the legislature‚ therefore‚ in recent years has been very much in favour of arbitration and granting of stays
Premium Arbitration Judge Court
MEDIATION‚ CONCILIATION AND ARBITRATION IN CONFLICT MANAGEMENT Outline a. Introduction b. Definitions of conflict c. Conflict management d. Negotiation‚ Mediation‚ Conciliation and Arbitration as in Conflict Management e. Recommendation f. Summary/Conclusion Introduction Conflict is a natural phenomenon in every human societal living. It exits whenever people or groups disagree over which goals or values to pursue and the method and timing to be adopted in that regard. Since conflict is inevitable
Premium Dispute resolution Mediation Alternative dispute resolution
University of Strathclyde Law School RESOLVING CONSTRUCTION DISPUTES THROUGH ARBITRATION: AN OVERVIEW OF TANZANIAN LEGAL FRAMEWORK By George Mandepo Reg. No. 200957963 Supervisor: Dr. Bryan Clark Dissertation Submitted for the Degree of LLM in Construction Law‚ September 2010. George Mandepo Reg. 200957963 DECLARATION AND COPYRIGHT This thesis is the result of the author’s original research. It has been composed by the author and has not been previously submitted for examination
Premium Arbitration Dispute resolution Alternative dispute resolution
Unit Code: BSBHRM510A Unit Name: Manage Mediation Processes Assignment 1 1. What is the difference between mediation and arbitration? Arbitration is a legal practice for the resolution of disputes between parties which a neutral third party uses evidence presented to decide on a resolution which the disputant parties are bound to. Mediation is a process where by two or more parties voluntarily agrees to participate and present their case to a neutral third party (the mediator). The
Premium Mediation Dispute resolution
Difference Between Mediation and Arbitration: The Decision The key difference between mediation and arbitration is the person who ultimately resolves the conflict. As we described in the article mentioned above‚ mediation is a dispute resolution method where a neutral third party acts as a referee of sorts and helps each side recognize the legalities involved in their arguments. It is up to each party to agree on a final resolution that is mutually agreeable. In arbitration‚ two parties take their cases
Premium Arbitration Mediation Court
resolve disputes. The majority of people use Alternative Dispute Resolutions or ADR‚ these procedures are less formal and controversial than going to trial to attain an agreement. Besides going to court people has the possibility to use other procedures‚ the most commonly used are mediation and arbitration. An important advantage of ADR is that it saves time and money. Since there are rules and regulations that have to be followed in a trial‚ the procedure is more formal and sometimes people miss
Premium Law Court Judge
compel Phillips to arbitrate a sexual claim that she threatened to take to court. According to Arbitration Act 9 U. S. C. §4‚ Phillips signed an agreement showing her acceptance to resolve all employment-related disagreement through arbitration. Should the courts compel Annette Phillips to consider arbitration? FACTS: On 25th of November 1994 and in April of 1995‚ all employees signed the document indication acceptance to arbitration as the primary mode of resolving conflicts at work. However‚ none of
Premium Employment Tort Law