ABSTRACT: This article reviews the legal framework for labour dispute management in Zimbabwe. In evaluating the labour court, Trudeau’s framework was adopted looking at the speed, accessibility and effectiveness of the labour court in Zimbabwe as an instrument for workplace dispute resolution. Results showed that in terms of speed, the labour court has been faced with a backlog of cases. In terms of access, the labour court is accessible to all parties and is effective in handling workplace cases.
This document discusses the law relating to "team poaching" or employees moving en masse to a competitor. Courts must balance employees' freedom to leave employment with the duty of fidelity owed to employers. The more senior the employee, the greater the duties owed to the employer. If the employee is also a director, questions around fiduciary duties may arise. Courts are also concerned with ensuring employees leaving en masse does not give the new venture an unfair competitive advantage. The document discusses several cases that have addressed these issues and summarizes the law around team moves and mutual solicitation between employees. It also notes that while non-compete clauses may not be enforceable, courts can still grant injunctive relief to prevent unfair competition
This document discusses the evolving inconsistency in Australian case law regarding judicial review of statutory construction adjudication determinations. It notes that while courts have a supervisory role over adjudications, their involvement can undermine the objective of security of payment legislation to facilitate cash flow. The document analyzes different types of errors adjudicators can make and how courts have inconsistently classified errors as jurisdictional vs non-jurisdictional. It argues this inconsistency is confusing and contributes to the erosion of the legislation's objective by bogging down the adjudication process in judicial review. Moving forward, the document suggests establishing a legislative review mechanism for jurisdictional challenges may help address this problem.
The document summarizes the Contract Labour (Regulation and Abolition) Act of 1970 in India. The key points are:
- The Act was passed to regulate contract labor and prevent exploitation, as contract workers often received lower wages and benefits than regular employees despite doing the same work.
- It applies to establishments employing 20 or more contract laborers. The objectives are to regulate wages, benefits, and working conditions for contract workers.
- It establishes Central and State Advisory Boards to advise on administration of the Act. Registering officers must register companies using contract labor.
- The Act allows the government to prohibit contract labor completely for certain operations, if regular workers could perform the work and conditions were still
The document discusses the definition of a "contract of service" and "employee" under Malaysian employment law. It provides an overview of factors that determine an employment relationship such as control tests, implied terms of a contract of employment, relevant legislation, and important court cases that have helped define these concepts. The control test, organization test, and implied duty of mutual trust and confidence are some key considerations examined in determining whether a worker is an employee under a contract of service.
This document is the website for The Law Firm of Ekaterina Mouratova, PLLC located in New York City. It provides legal services in several areas including business law, immigration, intellectual property, real estate, and employment law. It contains brief summaries of key topics in employment law for business owners such as at-will employment, claims for unlawful termination, major employment laws, independent contractors vs employees, classifying workers, and the importance of written agreements.
Post Employment Restrictive Covenants- How Much Enforceable?EquiCorp Associates
The legislations governing several aspects of the employer-employee relationship are so complicated and ambiguous, that they yield in litigation rather than to provide clear way out. Moreover, the most important bone of contention w.r.t. protection of confidential information, non-disclosure and non-solicitation have not yet been addressed through legislation in India, thus warranting recourse to judicial interpretation and common law.
In an attempt to protect their interests, trade secrets, confidential information, every employer execute employment agreement and impose post employment restrictive covenants pertaining to manner in which the employees are required to serve the notice period, comply with the exit formality, non-solicitation, non-compete and others before finally exit from the employer.
However, to enforce post employment restrictive covenants had become a challenging task for the employers. In this article, we seek to provide an overview of the steps to be adopted by the employer and how to address a conflict situation with its employees and to enforce post employment covenants.
This document discusses the laws around retrenchment in Malaysia and its implications for human resource management practices. It defines retrenchment as the termination of employment contracts for employees deemed surplus due to factors like restructuring or economic downturn. The document outlines relevant statutes governing retrenchment in Malaysia and findings from court cases that revealed many retrenchments were ruled against employers for poor workforce selection processes or mishandling of retrenchment. It recommends viewing retrenchment as a proactive rather than reactive process involving effective planning and exploring alternatives before use as a last resort.
An overview on the implication of “Bangladesh labor code 2006” in the tannery...Sadman Prodhan
The document is a term paper submitted by Sadman Prodhan to Professor Shakil Huda at the Institute of Business Administration, University of Dhaka analyzing the implications of Bangladesh's Labor Code 2006 in the tannery industry. The paper focuses on comparing labor code provisions regarding wages and payments, working hours and leaves, maternity benefits, and welfare with the realities in several tanneries. It finds that while some larger tanneries comply with more provisions, many tanneries and workers are unaware of labor rights and numerous violations of working hours, leaves, and wages occur.
This document discusses the law relating to "team poaching" or employees moving en masse to a competitor. Courts must balance employees' freedom to leave employment with the duty of fidelity owed to employers. The more senior the employee, the greater the duties owed to the employer. If the employee is also a director, questions around fiduciary duties may arise. Courts are also concerned with ensuring employees leaving en masse does not give the new venture an unfair competitive advantage. The document discusses several cases that have addressed these issues and summarizes the law around team moves and mutual solicitation between employees. It also notes that while non-compete clauses may not be enforceable, courts can still grant injunctive relief to prevent unfair competition
This document discusses the evolving inconsistency in Australian case law regarding judicial review of statutory construction adjudication determinations. It notes that while courts have a supervisory role over adjudications, their involvement can undermine the objective of security of payment legislation to facilitate cash flow. The document analyzes different types of errors adjudicators can make and how courts have inconsistently classified errors as jurisdictional vs non-jurisdictional. It argues this inconsistency is confusing and contributes to the erosion of the legislation's objective by bogging down the adjudication process in judicial review. Moving forward, the document suggests establishing a legislative review mechanism for jurisdictional challenges may help address this problem.
The document summarizes the Contract Labour (Regulation and Abolition) Act of 1970 in India. The key points are:
- The Act was passed to regulate contract labor and prevent exploitation, as contract workers often received lower wages and benefits than regular employees despite doing the same work.
- It applies to establishments employing 20 or more contract laborers. The objectives are to regulate wages, benefits, and working conditions for contract workers.
- It establishes Central and State Advisory Boards to advise on administration of the Act. Registering officers must register companies using contract labor.
- The Act allows the government to prohibit contract labor completely for certain operations, if regular workers could perform the work and conditions were still
The document discusses the definition of a "contract of service" and "employee" under Malaysian employment law. It provides an overview of factors that determine an employment relationship such as control tests, implied terms of a contract of employment, relevant legislation, and important court cases that have helped define these concepts. The control test, organization test, and implied duty of mutual trust and confidence are some key considerations examined in determining whether a worker is an employee under a contract of service.
This document is the website for The Law Firm of Ekaterina Mouratova, PLLC located in New York City. It provides legal services in several areas including business law, immigration, intellectual property, real estate, and employment law. It contains brief summaries of key topics in employment law for business owners such as at-will employment, claims for unlawful termination, major employment laws, independent contractors vs employees, classifying workers, and the importance of written agreements.
Post Employment Restrictive Covenants- How Much Enforceable?EquiCorp Associates
The legislations governing several aspects of the employer-employee relationship are so complicated and ambiguous, that they yield in litigation rather than to provide clear way out. Moreover, the most important bone of contention w.r.t. protection of confidential information, non-disclosure and non-solicitation have not yet been addressed through legislation in India, thus warranting recourse to judicial interpretation and common law.
In an attempt to protect their interests, trade secrets, confidential information, every employer execute employment agreement and impose post employment restrictive covenants pertaining to manner in which the employees are required to serve the notice period, comply with the exit formality, non-solicitation, non-compete and others before finally exit from the employer.
However, to enforce post employment restrictive covenants had become a challenging task for the employers. In this article, we seek to provide an overview of the steps to be adopted by the employer and how to address a conflict situation with its employees and to enforce post employment covenants.
This document discusses the laws around retrenchment in Malaysia and its implications for human resource management practices. It defines retrenchment as the termination of employment contracts for employees deemed surplus due to factors like restructuring or economic downturn. The document outlines relevant statutes governing retrenchment in Malaysia and findings from court cases that revealed many retrenchments were ruled against employers for poor workforce selection processes or mishandling of retrenchment. It recommends viewing retrenchment as a proactive rather than reactive process involving effective planning and exploring alternatives before use as a last resort.
An overview on the implication of “Bangladesh labor code 2006” in the tannery...Sadman Prodhan
The document is a term paper submitted by Sadman Prodhan to Professor Shakil Huda at the Institute of Business Administration, University of Dhaka analyzing the implications of Bangladesh's Labor Code 2006 in the tannery industry. The paper focuses on comparing labor code provisions regarding wages and payments, working hours and leaves, maternity benefits, and welfare with the realities in several tanneries. It finds that while some larger tanneries comply with more provisions, many tanneries and workers are unaware of labor rights and numerous violations of working hours, leaves, and wages occur.
An overview on the implication of "Bangladesh labor code 2006" in the tanner...Sadman Prodhan
The document provides an overview of the implications of Bangladesh's Labor Code 2006 in the country's tannery industry. It analyzes how the labor code provisions on wages and payments, working hours and leaves, maternity benefits, and worker welfare are implemented or violated in tanneries. The analysis finds that while some large tanneries comply with many code aspects, most companies and workers have little awareness of labor rights. As a result, workers' rights are often denied.
Stefanie entered into a 5-year contract with Madam Dora to receive dance training. However, Stefanie was a minor at the time. Generally, contracts entered into by minors are void due to lack of capacity. There are exceptions for necessaries, beneficial contracts, and scholarships. While dance training could potentially fall under a beneficial contract exception, the contract imposed unreasonable restrictions on Stefanie like not allowing other engagements or marriage without consent. Based on past cases, such unreasonable provisions in a contract with a minor are not enforceable. Therefore, the contract between Stefanie and Madam Dora was void, and Stefanie would not be liable for its breach.
1 WRITTEN LABOUR ASSIGNMENT S NAIR BENEFITSSarvesh Nair
This document provides a critical discussion of unfair labour practices concerning benefits with reference to recent case law. It begins by defining unfair labour practices and outlining the scope of protection under section 186(2) of the Labour Relations Act. It then discusses how the term "benefit" is not clearly defined in law and has been subject to several court decisions attempting to define it. The document concludes by analyzing the judgment in the recent 2013 Apollo Tyres case from the Labour Appeal Court to further develop the definition of a benefit.
The document discusses the legal definition and requirements for constructive dismissal in Malaysia. Constructive dismissal occurs when an employer breaches the employment contract in a serious way that causes the employee to resign. It is treated as a wrongful termination by the employer. To prove constructive dismissal, an employee must show there was a fundamental breach of contract by the employer that went to the root of the employment agreement, the employee resigned in response to this breach, and did not delay too long in resigning. Examples provided of acts that courts have found to constitute constructive dismissal include forced resignations, suspension without pay for a prolonged period, and damaging an employee's reputation in a way that harms their future career prospects. The burden is on the employee to
The document discusses the issues surrounding terminating an employee's employment due to prolonged illness. It notes that while the Employment Act 1955 does not explicitly provide for this, employers can refer to collective agreements, past practice or apply reasonable standards of fairness. The document also provides guidance on drafting a prolonged illness policy, obtaining medical reports before termination, employees' rights to medical leave and benefits, and the test for whether prolonged illness amounts to frustration of the employment contract.
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
The NLRB implemented new expedited election rules in 2015 that significantly shorten the timeline for union representation elections. The new rules reduce the period between a union petition and election from an average of 38 days to as few as 11 days. This accelerated process strongly benefits unions by limiting the time employers have to communicate with employees about why they should vote against unionization. The expedited rules encompass many procedural changes that give regional directors more discretion and make it harder for employers to litigate issues or seek review of pre-election rulings. Overall, the new rules pave the way for what are being called "ambush elections" that make it much more difficult for employers to respond to union organizing efforts.
TO The Vice PresidentFROM Danielle BalsonDATE 25th July, 20.docxturveycharlyn
TO: The Vice President
FROM: Danielle Balson
DATE: 25th July, 2017
SUBJECT: The Big Brain
Solution
General procedures or rules governing a typical arbitration proceeding
A contract encompassing an agreement for arbitration of disputes usually outlines some of the fundamental aspects relating to any possible future arbitration. The procedures and rules that would be utilized in a given arbitration are usually part of the agreement (Smit & Thacher, 2013). In case an outside or third party service would be utilized for handling arbitration, the contract may provide specifications of whether the service’s already-established procedures and rules would be utilized (Smit & Thacher, 2013). As a result of the different kinds of arbitration services, and the flexibility that is usually provided to participants to draw up their preferred rules, there is no single set of procedures and rules applicable to all arbitrations (Smit & Thacher, 2013). Nevertheless, regardless of the rules or procedures used, below are some of the fundamental issues or general procedures and rules governing a typical arbitration proceeding:
Number of arbitrators. The parties involved in an arbitration proceeding usually outline in the contract whether one, a panel comprised of three, or more arbitrators would rule or make decisions on their dispute (Smit & Thacher, 2013). As a general procedure or rule, the more significant and complicated an issue is, the higher the number of arbitrators would be involved.
The number of arbitrators to be selected. Parties can make the decision to appoint arbitrators in various ways, including through the process of elimination, selection from a list of different arbitrators or through an agreement (Smit & Thacher, 2013).
Timeliness for arbitration. Rules and procedures can establish timelines for making resolutions in a dispute, including when notices are issued, and how long the arbitration hearings last (Smit & Thacher, 2013).
Evidence. Rules and procedures of evidence can be complicated in ordinary litigation processes. They are usually more relaxed in arbitration proceedings thus allowing more evidence to be put into consideration, even though there can be inadequate time for presenting and discovering the evidence (Smit & Thacher, 2013).
Awards. Rules and procedures often dictate the form that can be presumed by an award, as well as any possible deadlines for decision-making (Smit & Thacher, 2013).
Records and confidentiality. Rules and procedures may allow parties to receive and keep records of the arbitration proceedings and to ensure such records are kept confidential.
Use of arbitration as opposed to a lawsuit in settling employment-related dispute
An employer may for an employee to use arbitration as opposed to a lawsuit in settling employment-related dispute (Mathis, Jackson, Valentine, & Meglich, 2016). Many employers usually ask their workers to sign arbitration agreements, which ensures the employees give up their legal ri ...
TO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docxturveycharlyn
TO: The Vice President
FROM: Danielle Balson
DATE: 24 Oct 2017
SUBJECT: Arbitration
General procedures or rules governing a typical arbitration proceeding
A contract encompassing an agreement for arbitration of disputes usually outlines some of the fundamental aspects relating to any possible future arbitration. The procedures and rules that would be utilized in a given arbitration are usually part of the agreement (Smit & Thacher, 2013). In case an outside or third party service would be utilized for handling an arbitration, the contract may provide specifications of whether the service’s already-established procedures and rules would be utilized (Smit & Thacher, 2013). As a result of the different kinds of arbitration services, and the flexibility that is usually provided to participants to draw up their preferred rules, there is no single set of procedures and rules applicable to all arbitrations (Smit & Thacher, 2013). Nevertheless, regardless of the rules or procedures used, below are some of the fundamental issues or general procedures and rules governing a typical arbitration proceeding:
Number of arbitrators. The parties involved in an arbitration proceeding usually outline in the contract whether one, a panel comprised of three, or more arbitrators would rule or make decisions on their dispute (Smit & Thacher, 2013). As a general procedure or rule, the more significant and complicated an issue is, the higher the number of arbitrators would be involved.
The number of arbitrators to be selected. Parties can make the decision to appoint arbitrators in various ways, including through the process of elimination, selection from a list of different arbitrators or through an agreement (Smit & Thacher, 2013).
Timeliness for arbitration. Rules and procedures can establish timelines for making resolutions in a dispute, including when notices are issued, and how long the arbitration hearings last (Smit & Thacher, 2013).
Evidence. Rules and procedures of evidence can be complicated in ordinary litigation processes. They are usually more relaxed in arbitration proceedings thus allowing more evidence to be put into consideration, even though there can be inadequate time for presenting and discovering the evidence (Smit & Thacher, 2013).
Awards. Rules and procedures often dictate the form that can be presumed by an award, as well as any possible deadlines for decision-making (Smit & Thacher, 2013).
Records and confidentiality. Rules and procedures may allow parties to receive and keep records of the arbitration proceedings and to ensure such records are kept confidential.
Use of arbitration as opposed to a lawsuit in settling employment-related dispute
An employer may for an employee to use arbitration as opposed to a lawsuit in settling employment-related dispute (Mathis, Jackson, Valentine, & Meglich, 2016). Many employers usually ask their workers to sign arbitration agreements, which ensures the employees give up their legal right to sue t ...
Alternative dispute resolution: Interim MeasuresRittika Dattana
This document provides an overview of interim measures in arbitration proceedings under the Indian Arbitration and Conciliation Act of 1996. It defines interim measures as temporary relief granted pending the final resolution of a dispute. Section 9 of the Act allows parties to approach courts to seek interim measures to preserve assets or evidence. The document discusses the types of interim measures available, including injunctive relief, attachment orders, and appointing receivers. It analyzes the scope of interim measures under Section 9 and their purpose of safeguarding parties from harm due to delays in the arbitration process.
Alternative Dispute Resolution in ZimbabweTendai Chiunya
The document discusses alternative dispute resolution (ADR) mechanisms in Zimbabwe for resolving employment disputes. It provides examples of different types of disputes that can arise between employers and employees. The main ADR processes described are conciliation through labor officers or designated agents, and arbitration, which can be either voluntary or compulsory. If conciliation or arbitration does not resolve the dispute, it can be appealed to the Labor Court. The summary concludes that while ADR promotes conflict resolution and avoids negative publicity, the processes in Zimbabwe can be prolonged due to lack of resources in the labor system.
This document is the Midlands State University Law Review from 2015. It contains articles on various legal topics in Zimbabwe and beyond. The review is published biannually by the Faculty of Law at Midlands State University. It has an editorial board composed of academics and legal professionals. The review contains original research articles, case notes, and book reviews submitted by contributors. One of the articles in this issue analyzes the registration and enforcement of arbitral awards made under compulsory arbitration in Zimbabwean law. It discusses the relevant legal framework and examines questions around the purpose, process, and requirements for registering arbitral awards, as well as grounds for opposing registration.
Thought Paper - Dispensation of Shareholder's meetingShruti Jadhav
The document discusses the issue of whether the National Company Law Tribunal (NCLT) has the power to dispense with the meeting of company members in schemes of arrangement. Under the previous Companies Act of 1956, High Courts were empowered to sanction schemes and had the discretion to dispense with member meetings based on the Duomatic Principle, where consent from all shareholders substitutes a resolution. Several cases applied this principle. The document analyzes recent conflicting NCLT rulings on this issue and whether the controversy has been resolved.
Thought Paper - Dispensation of Shareholder's meetingShruti Jadhav
The document discusses the issue of whether the National Company Law Tribunal (NCLT) has the power to dispense with the meeting of company members in schemes of arrangement. Under the previous Companies Act of 1956, High Courts were empowered to sanction schemes and had the discretion to dispense with member meetings based on the Duomatic Principle, whereby consent from the overwhelming majority of shareholders outside of a meeting was sufficient. Several cases affirmed this principle. The document analyzes recent conflicting NCLT decisions on this issue and whether the controversy has been resolved.
Formal enforcement mechanisms and informal transactionsAlexander Decker
This document discusses formal and informal mechanisms for enforcing financial transactions. It begins by explaining that informal transactions occur in an unregulated environment without strict rules or oversight. The main points are:
1) Formal transactions can be legally enforced through the state's coercive powers and legal system, which establish binding contracts and procedures for resolving disputes.
2) The state acts as the sole enforcer of rights and obligations through its monopoly on legitimate use of force. Legal proceedings in Ghana can take over a year and costs are high, around 23% of the claim.
3) While legal enforcement has benefits like independent dispute resolution, the high costs and complexities can exclude informal sectors from accessing the formal system.
Mandatory Arbitration Searching for FairnessWendi Lazar
Mandatory arbitration in employment contracts is unfairly skewed against employees. While arbitration can be preferable for resolving certain disputes, forcing employees to arbitrate discrimination claims undermines their civil rights. In New York, courts apply a stringent test to find arbitration clauses unconscionable, requiring proof of both procedural and substantive unconscionability. Recent cases suggest courts may be less willing to enforce overly broad contractual terms that disadvantage employees. Ultimately, legislative change may be needed to address mandatory arbitration's inequities.
· IntroductionArbitration refers to dispute resolution is .docxoswald1horne84988
· Introduction
Arbitration refers to dispute resolution is it is a sort of private judicial determination of a given dispute usually by an independent third party. It can involve independent arbitrators or a tribunal that has any given number of arbitrators although in some legal systems, recommend that arbitrators be of an odd number so that they cannot tie. The parties that are disputing normally hand their powers to the arbitrators who should decide on dispute. In one hand, arbitration can be an alternative to a court action. It is also wise to note that arbitration process is so binding. The main aim of arbitrating is to get just and fair resolution of disputes by a third party who are impartial with no delay or much expense. The parties that are involved in a dispute also have to agree on the process of the dispute resolution and courts are not allowed to interfere. These are some principles of arbitration.
Negotiation on the other hand is a dialogue between two or more parties or individuals with the intention of reaching a beneficial outcome on any dispute or conflict(Derains & Schwartz, 2015). In negotiation, the parties should allow each other enough opportunities to be heard so that the conflict can be solved peacefully without involving the courts.
· Arbitration of disputes in Saudi Arabia
In Saudi Arabia, the body that paramount in law is the Shariah. This is a collection or principles that are founded from different given sources such as from the Islamic Holy Quran as well as from the Sunnah that are also based on four Islamic school of jurisprudence; the Hanbali, Hanafi, Maliki and Shafi. There are some statutory enactments that are not present in Saudi Arabian law, such as the law that governs mortgages and other security interests. Shariah Law is also founded from legislation that is adopted in different forms ranging from royal decrees, Council of Ministers resolutions, ministerial resolutions, and even departmental circulars. However, it is good to note that these laws and regulations are in most cases in conflict with the provisions of Shariah because their applications do not align with Islamic principles.
The Basic Law for instance came into action in 1992 and the King during this time dealt with any matter that arose in society. Both the Basic Law, the Consultative Law, the Council of Ministers Law as well as the Provincial Councils Law were all done by the royal king and he also had powers to removal any of them when he decided. In addition, the royal decrees were used in approving any international treaty or concession, amendments or any other enactments that were recommended by the council of ministers(Baamir, 2016). This same council of ministers is given the permission to adopt any resolutions that regulate given issues without any decree from the royalking. On the other hand, resolutions of ministers can be used by any minister according to the power given to then by the given law. These are also the resolution.
This document summarizes and examines the legislative review mechanism for erroneous adjudication determinations in Singapore. It discusses the following key points:
1) Singapore introduced an adjudication review mechanism allowing respondents to have determinations reviewed by another adjudicator on its merits, which is unique compared to other jurisdictions.
2) The review mechanism aims to remedy injustice from hasty adjudications and increase confidence in outcomes, as adjudicators have limited time to consider complex cases.
3) The mechanism has shortcomings including restrictions, ambiguities in procedures, and fixed timelines that may not suit all complex cases. While it increases fairness, the review process could still be improved.
This document provides an overview of arbitration and summarizes key sections from a report on arbitration. It begins with background on the purpose and objectives of the report, which is to understand arbitration and how it settles complex disputes. It then reviews definitions of arbitration, its importance, objectives, principles, types, and process. Specifically, arbitration is defined as the submission of a dispute to an impartial arbitrator for a decision. It is an important alternative dispute resolution mechanism because it provides flexibility, neutrality, and binding final decisions in a confidential process. The objectives of arbitration are to cover domestic and international disputes and ensure fair resolution. The characteristics include being voluntary, private, quicker and less expensive than litigation. The types discussed are voluntary, compuls
Describe a detail research on how judiciary in each and every possible way has help in promoting and uplifting the working system in Alternative Dispute Resolution
Presentation on the role of the rwandan labor relations act in preventing or ...harorimana
This document provides an overview of labor disputes and the role of the Rwandan Labor Relations Act in preventing or resolving disputes in organizations. It defines key concepts like labor relations and employment contracts. It describes the two types of labor disputes as individual and collective. It outlines the means of resolving labor disputes established by the Rwandan government, including amicable/extra-judicial settlement through labor inspectors or the minister of labor, as well as judicial resolution through the competent courts. The Rwandan Labor Relations Act aims to maintain good employer-employee relationships and provide efficient means of settling disputes to avoid interruptions to business activities.
An overview on the implication of "Bangladesh labor code 2006" in the tanner...Sadman Prodhan
The document provides an overview of the implications of Bangladesh's Labor Code 2006 in the country's tannery industry. It analyzes how the labor code provisions on wages and payments, working hours and leaves, maternity benefits, and worker welfare are implemented or violated in tanneries. The analysis finds that while some large tanneries comply with many code aspects, most companies and workers have little awareness of labor rights. As a result, workers' rights are often denied.
Stefanie entered into a 5-year contract with Madam Dora to receive dance training. However, Stefanie was a minor at the time. Generally, contracts entered into by minors are void due to lack of capacity. There are exceptions for necessaries, beneficial contracts, and scholarships. While dance training could potentially fall under a beneficial contract exception, the contract imposed unreasonable restrictions on Stefanie like not allowing other engagements or marriage without consent. Based on past cases, such unreasonable provisions in a contract with a minor are not enforceable. Therefore, the contract between Stefanie and Madam Dora was void, and Stefanie would not be liable for its breach.
1 WRITTEN LABOUR ASSIGNMENT S NAIR BENEFITSSarvesh Nair
This document provides a critical discussion of unfair labour practices concerning benefits with reference to recent case law. It begins by defining unfair labour practices and outlining the scope of protection under section 186(2) of the Labour Relations Act. It then discusses how the term "benefit" is not clearly defined in law and has been subject to several court decisions attempting to define it. The document concludes by analyzing the judgment in the recent 2013 Apollo Tyres case from the Labour Appeal Court to further develop the definition of a benefit.
The document discusses the legal definition and requirements for constructive dismissal in Malaysia. Constructive dismissal occurs when an employer breaches the employment contract in a serious way that causes the employee to resign. It is treated as a wrongful termination by the employer. To prove constructive dismissal, an employee must show there was a fundamental breach of contract by the employer that went to the root of the employment agreement, the employee resigned in response to this breach, and did not delay too long in resigning. Examples provided of acts that courts have found to constitute constructive dismissal include forced resignations, suspension without pay for a prolonged period, and damaging an employee's reputation in a way that harms their future career prospects. The burden is on the employee to
The document discusses the issues surrounding terminating an employee's employment due to prolonged illness. It notes that while the Employment Act 1955 does not explicitly provide for this, employers can refer to collective agreements, past practice or apply reasonable standards of fairness. The document also provides guidance on drafting a prolonged illness policy, obtaining medical reports before termination, employees' rights to medical leave and benefits, and the test for whether prolonged illness amounts to frustration of the employment contract.
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
The NLRB implemented new expedited election rules in 2015 that significantly shorten the timeline for union representation elections. The new rules reduce the period between a union petition and election from an average of 38 days to as few as 11 days. This accelerated process strongly benefits unions by limiting the time employers have to communicate with employees about why they should vote against unionization. The expedited rules encompass many procedural changes that give regional directors more discretion and make it harder for employers to litigate issues or seek review of pre-election rulings. Overall, the new rules pave the way for what are being called "ambush elections" that make it much more difficult for employers to respond to union organizing efforts.
TO The Vice PresidentFROM Danielle BalsonDATE 25th July, 20.docxturveycharlyn
TO: The Vice President
FROM: Danielle Balson
DATE: 25th July, 2017
SUBJECT: The Big Brain
Solution
General procedures or rules governing a typical arbitration proceeding
A contract encompassing an agreement for arbitration of disputes usually outlines some of the fundamental aspects relating to any possible future arbitration. The procedures and rules that would be utilized in a given arbitration are usually part of the agreement (Smit & Thacher, 2013). In case an outside or third party service would be utilized for handling arbitration, the contract may provide specifications of whether the service’s already-established procedures and rules would be utilized (Smit & Thacher, 2013). As a result of the different kinds of arbitration services, and the flexibility that is usually provided to participants to draw up their preferred rules, there is no single set of procedures and rules applicable to all arbitrations (Smit & Thacher, 2013). Nevertheless, regardless of the rules or procedures used, below are some of the fundamental issues or general procedures and rules governing a typical arbitration proceeding:
Number of arbitrators. The parties involved in an arbitration proceeding usually outline in the contract whether one, a panel comprised of three, or more arbitrators would rule or make decisions on their dispute (Smit & Thacher, 2013). As a general procedure or rule, the more significant and complicated an issue is, the higher the number of arbitrators would be involved.
The number of arbitrators to be selected. Parties can make the decision to appoint arbitrators in various ways, including through the process of elimination, selection from a list of different arbitrators or through an agreement (Smit & Thacher, 2013).
Timeliness for arbitration. Rules and procedures can establish timelines for making resolutions in a dispute, including when notices are issued, and how long the arbitration hearings last (Smit & Thacher, 2013).
Evidence. Rules and procedures of evidence can be complicated in ordinary litigation processes. They are usually more relaxed in arbitration proceedings thus allowing more evidence to be put into consideration, even though there can be inadequate time for presenting and discovering the evidence (Smit & Thacher, 2013).
Awards. Rules and procedures often dictate the form that can be presumed by an award, as well as any possible deadlines for decision-making (Smit & Thacher, 2013).
Records and confidentiality. Rules and procedures may allow parties to receive and keep records of the arbitration proceedings and to ensure such records are kept confidential.
Use of arbitration as opposed to a lawsuit in settling employment-related dispute
An employer may for an employee to use arbitration as opposed to a lawsuit in settling employment-related dispute (Mathis, Jackson, Valentine, & Meglich, 2016). Many employers usually ask their workers to sign arbitration agreements, which ensures the employees give up their legal ri ...
TO The Vice PresidentFROM Danielle BalsonDATE 24 Oct 2017.docxturveycharlyn
TO: The Vice President
FROM: Danielle Balson
DATE: 24 Oct 2017
SUBJECT: Arbitration
General procedures or rules governing a typical arbitration proceeding
A contract encompassing an agreement for arbitration of disputes usually outlines some of the fundamental aspects relating to any possible future arbitration. The procedures and rules that would be utilized in a given arbitration are usually part of the agreement (Smit & Thacher, 2013). In case an outside or third party service would be utilized for handling an arbitration, the contract may provide specifications of whether the service’s already-established procedures and rules would be utilized (Smit & Thacher, 2013). As a result of the different kinds of arbitration services, and the flexibility that is usually provided to participants to draw up their preferred rules, there is no single set of procedures and rules applicable to all arbitrations (Smit & Thacher, 2013). Nevertheless, regardless of the rules or procedures used, below are some of the fundamental issues or general procedures and rules governing a typical arbitration proceeding:
Number of arbitrators. The parties involved in an arbitration proceeding usually outline in the contract whether one, a panel comprised of three, or more arbitrators would rule or make decisions on their dispute (Smit & Thacher, 2013). As a general procedure or rule, the more significant and complicated an issue is, the higher the number of arbitrators would be involved.
The number of arbitrators to be selected. Parties can make the decision to appoint arbitrators in various ways, including through the process of elimination, selection from a list of different arbitrators or through an agreement (Smit & Thacher, 2013).
Timeliness for arbitration. Rules and procedures can establish timelines for making resolutions in a dispute, including when notices are issued, and how long the arbitration hearings last (Smit & Thacher, 2013).
Evidence. Rules and procedures of evidence can be complicated in ordinary litigation processes. They are usually more relaxed in arbitration proceedings thus allowing more evidence to be put into consideration, even though there can be inadequate time for presenting and discovering the evidence (Smit & Thacher, 2013).
Awards. Rules and procedures often dictate the form that can be presumed by an award, as well as any possible deadlines for decision-making (Smit & Thacher, 2013).
Records and confidentiality. Rules and procedures may allow parties to receive and keep records of the arbitration proceedings and to ensure such records are kept confidential.
Use of arbitration as opposed to a lawsuit in settling employment-related dispute
An employer may for an employee to use arbitration as opposed to a lawsuit in settling employment-related dispute (Mathis, Jackson, Valentine, & Meglich, 2016). Many employers usually ask their workers to sign arbitration agreements, which ensures the employees give up their legal right to sue t ...
Alternative dispute resolution: Interim MeasuresRittika Dattana
This document provides an overview of interim measures in arbitration proceedings under the Indian Arbitration and Conciliation Act of 1996. It defines interim measures as temporary relief granted pending the final resolution of a dispute. Section 9 of the Act allows parties to approach courts to seek interim measures to preserve assets or evidence. The document discusses the types of interim measures available, including injunctive relief, attachment orders, and appointing receivers. It analyzes the scope of interim measures under Section 9 and their purpose of safeguarding parties from harm due to delays in the arbitration process.
Alternative Dispute Resolution in ZimbabweTendai Chiunya
The document discusses alternative dispute resolution (ADR) mechanisms in Zimbabwe for resolving employment disputes. It provides examples of different types of disputes that can arise between employers and employees. The main ADR processes described are conciliation through labor officers or designated agents, and arbitration, which can be either voluntary or compulsory. If conciliation or arbitration does not resolve the dispute, it can be appealed to the Labor Court. The summary concludes that while ADR promotes conflict resolution and avoids negative publicity, the processes in Zimbabwe can be prolonged due to lack of resources in the labor system.
This document is the Midlands State University Law Review from 2015. It contains articles on various legal topics in Zimbabwe and beyond. The review is published biannually by the Faculty of Law at Midlands State University. It has an editorial board composed of academics and legal professionals. The review contains original research articles, case notes, and book reviews submitted by contributors. One of the articles in this issue analyzes the registration and enforcement of arbitral awards made under compulsory arbitration in Zimbabwean law. It discusses the relevant legal framework and examines questions around the purpose, process, and requirements for registering arbitral awards, as well as grounds for opposing registration.
Thought Paper - Dispensation of Shareholder's meetingShruti Jadhav
The document discusses the issue of whether the National Company Law Tribunal (NCLT) has the power to dispense with the meeting of company members in schemes of arrangement. Under the previous Companies Act of 1956, High Courts were empowered to sanction schemes and had the discretion to dispense with member meetings based on the Duomatic Principle, where consent from all shareholders substitutes a resolution. Several cases applied this principle. The document analyzes recent conflicting NCLT rulings on this issue and whether the controversy has been resolved.
Thought Paper - Dispensation of Shareholder's meetingShruti Jadhav
The document discusses the issue of whether the National Company Law Tribunal (NCLT) has the power to dispense with the meeting of company members in schemes of arrangement. Under the previous Companies Act of 1956, High Courts were empowered to sanction schemes and had the discretion to dispense with member meetings based on the Duomatic Principle, whereby consent from the overwhelming majority of shareholders outside of a meeting was sufficient. Several cases affirmed this principle. The document analyzes recent conflicting NCLT decisions on this issue and whether the controversy has been resolved.
Formal enforcement mechanisms and informal transactionsAlexander Decker
This document discusses formal and informal mechanisms for enforcing financial transactions. It begins by explaining that informal transactions occur in an unregulated environment without strict rules or oversight. The main points are:
1) Formal transactions can be legally enforced through the state's coercive powers and legal system, which establish binding contracts and procedures for resolving disputes.
2) The state acts as the sole enforcer of rights and obligations through its monopoly on legitimate use of force. Legal proceedings in Ghana can take over a year and costs are high, around 23% of the claim.
3) While legal enforcement has benefits like independent dispute resolution, the high costs and complexities can exclude informal sectors from accessing the formal system.
Mandatory Arbitration Searching for FairnessWendi Lazar
Mandatory arbitration in employment contracts is unfairly skewed against employees. While arbitration can be preferable for resolving certain disputes, forcing employees to arbitrate discrimination claims undermines their civil rights. In New York, courts apply a stringent test to find arbitration clauses unconscionable, requiring proof of both procedural and substantive unconscionability. Recent cases suggest courts may be less willing to enforce overly broad contractual terms that disadvantage employees. Ultimately, legislative change may be needed to address mandatory arbitration's inequities.
· IntroductionArbitration refers to dispute resolution is .docxoswald1horne84988
· Introduction
Arbitration refers to dispute resolution is it is a sort of private judicial determination of a given dispute usually by an independent third party. It can involve independent arbitrators or a tribunal that has any given number of arbitrators although in some legal systems, recommend that arbitrators be of an odd number so that they cannot tie. The parties that are disputing normally hand their powers to the arbitrators who should decide on dispute. In one hand, arbitration can be an alternative to a court action. It is also wise to note that arbitration process is so binding. The main aim of arbitrating is to get just and fair resolution of disputes by a third party who are impartial with no delay or much expense. The parties that are involved in a dispute also have to agree on the process of the dispute resolution and courts are not allowed to interfere. These are some principles of arbitration.
Negotiation on the other hand is a dialogue between two or more parties or individuals with the intention of reaching a beneficial outcome on any dispute or conflict(Derains & Schwartz, 2015). In negotiation, the parties should allow each other enough opportunities to be heard so that the conflict can be solved peacefully without involving the courts.
· Arbitration of disputes in Saudi Arabia
In Saudi Arabia, the body that paramount in law is the Shariah. This is a collection or principles that are founded from different given sources such as from the Islamic Holy Quran as well as from the Sunnah that are also based on four Islamic school of jurisprudence; the Hanbali, Hanafi, Maliki and Shafi. There are some statutory enactments that are not present in Saudi Arabian law, such as the law that governs mortgages and other security interests. Shariah Law is also founded from legislation that is adopted in different forms ranging from royal decrees, Council of Ministers resolutions, ministerial resolutions, and even departmental circulars. However, it is good to note that these laws and regulations are in most cases in conflict with the provisions of Shariah because their applications do not align with Islamic principles.
The Basic Law for instance came into action in 1992 and the King during this time dealt with any matter that arose in society. Both the Basic Law, the Consultative Law, the Council of Ministers Law as well as the Provincial Councils Law were all done by the royal king and he also had powers to removal any of them when he decided. In addition, the royal decrees were used in approving any international treaty or concession, amendments or any other enactments that were recommended by the council of ministers(Baamir, 2016). This same council of ministers is given the permission to adopt any resolutions that regulate given issues without any decree from the royalking. On the other hand, resolutions of ministers can be used by any minister according to the power given to then by the given law. These are also the resolution.
This document summarizes and examines the legislative review mechanism for erroneous adjudication determinations in Singapore. It discusses the following key points:
1) Singapore introduced an adjudication review mechanism allowing respondents to have determinations reviewed by another adjudicator on its merits, which is unique compared to other jurisdictions.
2) The review mechanism aims to remedy injustice from hasty adjudications and increase confidence in outcomes, as adjudicators have limited time to consider complex cases.
3) The mechanism has shortcomings including restrictions, ambiguities in procedures, and fixed timelines that may not suit all complex cases. While it increases fairness, the review process could still be improved.
This document provides an overview of arbitration and summarizes key sections from a report on arbitration. It begins with background on the purpose and objectives of the report, which is to understand arbitration and how it settles complex disputes. It then reviews definitions of arbitration, its importance, objectives, principles, types, and process. Specifically, arbitration is defined as the submission of a dispute to an impartial arbitrator for a decision. It is an important alternative dispute resolution mechanism because it provides flexibility, neutrality, and binding final decisions in a confidential process. The objectives of arbitration are to cover domestic and international disputes and ensure fair resolution. The characteristics include being voluntary, private, quicker and less expensive than litigation. The types discussed are voluntary, compuls
Describe a detail research on how judiciary in each and every possible way has help in promoting and uplifting the working system in Alternative Dispute Resolution
Presentation on the role of the rwandan labor relations act in preventing or ...harorimana
This document provides an overview of labor disputes and the role of the Rwandan Labor Relations Act in preventing or resolving disputes in organizations. It defines key concepts like labor relations and employment contracts. It describes the two types of labor disputes as individual and collective. It outlines the means of resolving labor disputes established by the Rwandan government, including amicable/extra-judicial settlement through labor inspectors or the minister of labor, as well as judicial resolution through the competent courts. The Rwandan Labor Relations Act aims to maintain good employer-employee relationships and provide efficient means of settling disputes to avoid interruptions to business activities.
Providing advisory services to employers and
employees on labour issues.
Research: Conducting research and studies on labour issues
and best practices.
Networking: Building partnerships and networks with
relevant stakeholders.
Advocacy: Advocating for democratic values and rights in the
workplace.
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Advantages And Disadvantages Of Litigation
The litigation is the formal and conventional way in dispute resolution over the centuries of time. Courts are traditional, recognizable forums in which litigation is adjudicated (Kennedy and Richards, 2004). Even though there are number of methods available outside the court system litigation is still act a major role in dispute resolution as the conventional method.
But with the time people identified limitations of the system which created uncomfortable situations to users due to certain drawbacks hold with the litigation system. Through litigation successive governments has ensured that people are delivered with justice and adjudicated on their disputes. Even though disputes are resolved through litigation people come across so many difficulties, such as stress, expenditure, delay and bitter arguments that pave the way for further disputes.
A major issue on using litigation for labour disputes is frequent postponements awarded in hearing a case in the courts. According to Sivananthiran and Ratnam (2003) the most prominent cause responsible for delay in adjudication is frequent adjournment granted by the Labour Courts. Both workmen and employer seek adjournment after adjournment at each of the above stage and this contributes to the delay in dispute resolution process.
2.5.3 Labour tribunals
It is the most popular...show more content...It defines the objectives and scope of the Act, as an Act to provide for the prevention, investigation and settlement of industrial disputes, and for matters connected therewith or incidental thereto . By analyzing the definition, it is focused on providing methods in minimizing the disputes and identifyi
The President of India has promulgated Arbitration and Conciliation (Amendment) Ordinance 2015 on 23.10.2015 bringing revolutionary changes i.e. no more departmental arbitrators, case to be completed within 12 months etc.
Organizational Government and Contract Administration. Enlightened policies by management, a counter-force in the form of a union, or both, can keep management from destroying important human values in the plant.
In particular, in the firm an employee may be punished only for proved violations of known rules or standards, not at the discretion of a supervisor.
A Critical Examination of the Mediation Bill, 2021_ India's Dispute Resolutio...Free Law - by De Jure
Mediation is an example of ADR. ADR, or Alternate Dispute Resolution, refers to methods for resolving disagreements between people that do not include a formal trial. ADR processes are less formal than typical court proceedings and help to save money while obtaining quick results.
Similar to Evaluation of the Labour Court as an Instrument for Dispute Resolution in Zimbabwe (20)
On the Use of the Causal Analysis in Small Type Fit Indices of Adult Mathemat...QUESTJOURNAL
ABSTRACT: Model evaluation is one of the most important aspects of Structural Equation Modeling (SEM). Many model fit indices have been developed. It is not an exaggeration to say that nearly every publication using the SEM methodology has reported at least one fit index. Fit is the ability of a model to reproduce the data in the variance-covariance matrix form. A good fitting model is one that is reasonably consistent with the data and doesn’t require respecification and also its measurement model is required before estimating paths in a covariance structure model. A baseline model of four constructs together with a combination of none, one, two, three or four additional constructs was constructed with latent variables: educational performance, socioeconomic label, self concept and parental authority using dichotomous digits 0 or 1 for each additional construct. 16 progressively nested models were considered starting with baseline model using the mathematics adult learners data from the modeling sample and employing some small fit indexes which are commonly used (AIC, CAIC, RMR, SRMR, RMSEA, 2 / DF among others) [1] to test the fitness of the model. The measures of model fit based on results from analysis of the covariance structure model are presented.
The Sov’reign Shrine of Veiled Melancholy- The Shadow of Consumption on La Be...QUESTJOURNAL
This document summarizes a research paper about John Keats' poem "La Belle Dame Sans Merci" and how it reflects his struggle with tuberculosis. It provides historical context about tuberculosis in the early 19th century, when it was a major epidemic in Europe and seen as linked to creativity. It describes how Keats' life was affected by tuberculosis, with his mother and brother dying from it. Keats himself showed early symptoms of the disease in 1820. The paper analyzes how La Belle Dame Sans Merci can be seen as a representation of tuberculosis and Keats' preoccupation with mortality. It explores how themes of death and the briefness of life were central to Romantic poetry and sensibilities.
Recruitment Practices And Staff Performance In Public Universities: A Case St...QUESTJOURNAL
ABSTRACT: Recruitment, as a human resource management function, is one of the activities that impact most critically on the performance of any organization irrespective of its size and location. Public Universities, known to train professionals that exhibit transformative leadership and successfully run blue-chip companies have equally suffered from rampart industrial unrest and human resource malpractices across Kenya. Could it be a unique trend of organizational deviance that could be reflecting absence of a well executed staff recruitment practice? While it is understood and accepted that poor recruitment decisions continue to affect organizational performance and limit goal achievement, knowledge about this aspect in Public Universities remains scanty. The aim of this study was to address this gap by evaluating how recruitment practices affect performance of administrative staff in Public Universities using Masinde Muliro University of Science and Technology, Kenya as a case reference. A cross-sectional survey design was employed while sampling strategy was a blend of multiphase, stratified and purposive sampling. A sample size of 124 out of 1150 comprised mainly of administrative staff was used and that a questionnaire was the principal tool of data collection. Results were analyzed using frequency tables, mean, standard deviation and simple linear regression. The study found that a recruitment policy existed at Masinde Muliro University of Science and Technology, Kenya and that both external and internal recruitment practices were used to recruit employees at the University. However, it was noted that most of the university employees are recruited through media advert, internal advertisement, through transfers and promotions. The results of the regression indicated that recruitment practices are a significant predictor of employee performance, which was explained by 32% of variance and a moderate relationship captured by beta weight value of 0.57. On effectiveness of the recruitment policy, only 30% rated it as effective while 62% were indifferent and 8% rated it ineffective. The study concluded that although a significant relationship between recruitment practices and employee performance existed, it’s effectiveness and therefore positive impact on employee performance depended on employees’ positive perception and rating. It’s recommended that the Universities should avoid biasness in the recruitment process as this will negatively impact on employee performance.
Pesse Na Siri’ Budgetary System: A Historiography Study of Luwu Kingdom in Is...QUESTJOURNAL
ABSTRACT: This study aimed to explore the budgetary system of pesse na siri’ at Luwu kingdom in the Islamic period of 1593 to 1945. Through the historiography method, it showed the base existence of the spiritual sense sensitivity, i.e., pesse (empathy) and siri’ (shame) and Islamic law in budgetary system. In the resources management, it was carried out in four stages, namely planning, implementation, reporting, and evaluation. Operationally, the pesse na siri’ budgetary system on the mobilization mechanism of resources or budget (balanca) through the top down system (i.e., known as balanca pole riwawo) and bottom up system (i.e., known as balanca pole riawa). The top down system was a mobilization resource form from agricultural products of the king’s land (i.e., known in Buginese language as Tanana datue) and the palace logistic. Meanwhile, the bottom up came from the resource offer–i.e., known as makkasiwiyang–mechanism, consisting of makkasiwiyang lili’ (the lower government level), makkasiwiyang ale (personal/individual), and makkasiwiyang reso (labor). One of the Islamic impacts in this system was to direct the budgetary system based on the Shari’a or Islamic law.
Fabrication of Complete Dentures for A Patient with Resorbed Mandibular Anter...QUESTJOURNAL
ABSTRACT: The loose and unstable lower complete denture is one of the most common problems faced by denture patients with highly resorbed ridge. The management of such highly resorbed ridges has always posed a difficulty to the prosthodontist.Obtaining consistent mandibular denture stability has longbeen a challenge for dental profession. The simplest approach often is to extend the denture base adequately for proper use of all available tisues.To achieve this goal impression of the resorbed mandibular ridge is very important. The objective is to develop a physiologic impression with maximum support of both hard and soft tissues.In such cases, an innovative technique of impressionmaking by using a close fitting tray and anelastomeric impression material tomake a proper impression to achieve maximum retentionand stability.This article describes an impression technique used for highly resorbed mandibular ridge using an all green impression technique, to gain maximum retention andstability
Steganographic Technique Using Instant Messaging Conversation DynamicsQUESTJOURNAL
This document discusses a steganographic technique for hiding secret messages in instant messaging conversations. It proposes encoding messages in the time stamps of messages and the order they are sent. The technique was tested using a custom instant messaging web service. Tests showed it was possible to encode short messages in real conversations with minimal impact on conversation flow, but transmission speed was relatively slow, with a few hundred characters sent per hour. The technique allows for one-way or two-way hidden communications within a conversation.
Simple Obfuscation Tool for Software ProtectionQUESTJOURNAL
ABSTRACT: This paper discusses the issue of source code obfuscation and also the creation of a tool for automatic obfuscation of source code written in C language. The result is a tool that performs both data flow and control flow obfuscation and allows the user to configure the applied transformation algorithm. For easier and better usability the tool provides a graphical user interface, which brings possibility to control and configure transformation process.
Block Hybrid Method for the Solution of General Second Order Ordinary Differe...QUESTJOURNAL
The document is a research paper that proposes a block hybrid method for solving general second order ordinary differential equations. It derives a 3rd order uniform block hybrid method based on Hermite polynomial basis functions. The method is obtained by interpolating and collocating a continuous formulation at certain points to form a system of equations. The method is then applied in block form as a simultaneous integrator. Two numerical examples are given to illustrate the accuracy and efficiency of the new method.
Modeling – Based Instructional Strategy for Enhancing Problem Solving Ability...QUESTJOURNAL
ABSTRACT: The modeling-based instructional framework accommodates the physics modeling mechanism in which the learner apply the fundamental principles in physics and develop an idealized physics model of the real world situation by means of assumptions and approximations. The present study was intended to find out the effectiveness of Modeling-based instructional strategy for enhancing physics problem solving ability of students at secondary school level. The investigator adopted a quasi-experimental method with two group pretest post-test design for the study. The sample selected for the study consisted of 242 IX standard students from three different schools of Palakkad district. The tools used for collecting the data were the Problem Solving Ability Test in Physics, lesson designs based on Modeling-based instructional strategy and activity oriented method. The findings of the study concluded that the Modeling-based instructional strategy enhanced the problem solving ability of students of secondary school level. And also the strategy scaffolded the formation of mental models of problem representations with in the cognitive structure of the learner.
Exploring the Effectiveness of the Arabic LanguageTeaching Methods in Indones...QUESTJOURNAL
ABSTRACT: The aim of this research work is to identify the effectiveness of the Arabic language teaching methods in Indonesia(National University of Malang for Sample)in terms of making use of Arabic as a medium of communication among the students in the light of the modern approaches in teaching and learning of Arabic language. This research is methodologically characterized as a descriptive, analytical, evaluative and field research work. In order to arrive at the purpose of this study, a questionnaire has been designed and carried out on a specimen from the teachers of the concerned university. Eventually, the study has arrived into a finding that the method used in the university is the Eclectic Method (i.e. Selective Method), except that translation is utilized extensively with it, and it might influentially cause the depreciation of the communication skill of the students, and the major intermediary language for the Arabic language teaching is the Indonesian language. However, its uncontrolled over-usage in the Arabic language teaching procedure may negatively cause the weakness of the students in the listening and speaking skills, since they could not get enough opportunity to practice them during language learning, in addition to the fact that the teachers might be employed as Arabic language teachers on the basis of their high conversance with the grammatical rules of Arabic language and not on their skills in the Arabic language communication medium.
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ABSTRACT: The purpose of Larkin as literary artist was to convey his ultimate message that man has to transcend the gross environment for the attainment for final goal. His poem opens with important question which prompt us to scrutinize ourselves. According to Philip Larkin “when you come to talk about once duty as writer then ones can say that his duty is to write for harmony”. In this paper there an urge in Larkin’s poem to attain transcendental knowledge by which everything is known. The meaningful change in environment through literature result from the development of qualities and attitude that foster constructive pattern of human interaction through literature. In an age of highly industrialized and mechanized structure of our society where we have 'given our hearts away a sordid boon' and where all spiritual values have been thrown overboard, the relevance of selecting this topic "Spiritual Quest in Philip Larkin" becomes important. In Larkin's poetry there is invariably, an element of spiritual crises, a note of subsequent struggle to step out of it. This inner conflict to proceed forward in the path of Divine realization lends magnificence to his poetic and spiritual personality.
The Influence of Religiosity on Marital Satisfaction and Stability AmongChris...QUESTJOURNAL
ABSTRACT: Various studies indicate that religious couples are more likely to enjoy stable and happy marriages. They are also less likely to experience conflict and violence, or to divorce perhaps because religion offers couples theologically grounded guidelines on how to handle marital conflicts when they arise. The present qualitative study was conducted using face to face interviews with nine participants in Kenya who had been identified as practicing Christians. The aim of the study was to explore how religiosity impacted the participant’s marital satisfaction. Results indicated that specific attributes related to religiosity like individual and partner prayer, reading the Bible, church attendance, impacted participants and their spouses lives positively and in turn their experiences in marriage. Engaging in religious practices was reported by the participants as eliciting qualities like perseverance, forgiveness and humility which in turn assisted them in keeping their marriages stable and thus resulting in marital satisfaction
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ABSTRACT: Using the data from logging in a net of high density, the sand core from a airtight well, and the testing data for oil and gas , and then according to the experiment of exploitation, we studied the deposit visage in macroscopical way, the physical characteristics of the reservoir, and the partition of the oil and gas’s border. It is clear that the zero group of Sa’s oil floor is mainly deposit in the foreside of a delta under the background of lake incursion, and the ventro-delta express a character that there were some sandstones which was transited for two times. Make a certain that the oil and gas’s border of zero group in Sa is maybe 600m underground, and demarcated the maximal square is 26.8km2 about this reservoir, and tell us that it lies in the top of the anticline. Of course, this production can be used in the designing of the zero group of Sa’s exploitation
Down the Purgatory of Memories:The Pain of Remembering in M alayalam Naxal Ci...QUESTJOURNAL
ABSTRACT:Keralam, the southern most state in India is known for its cinema and politics. It is in Kerala that Communist Party came to power through Parliamentary election process for the first time in history. The political consciousness nurtured by the Communist movement found its reflections in Malayalam (language being spoken by the people of Keralam) Cinema as well. As a result films produced during the formative years of Malayalam Cinema were characterized by their political content. Having said this it should also be added that since those films are produced within the dominant production system with a view to garner profit they fail to politically stimulate the audience. But the situation had been changed after the Naxalite (radical left movement ideologically inclined to Maoism) uprising in 1969 during which both the feudal/bourgeois value orientations and the alleged degeneration of the Communist Party were challenged by the educated radical youths who fought for an immediate revolution. The state promptly intervened and contained Naxalite uprising with an iron fist. The repressive machinery of the state intervened whenever instances of resistance occurred. The Emergency declared in 1975 exposed the inhuman face of government that unleashed series of tortures against its citizens. The post -1980 political films, otherwise called as Naxalite films, try to recapture the tormenting experience of being political during the time of such mass oppression. Those movies resort to memory to expose the stark experience of the past.Remembering is a way of representing the past with all its nuances as it situates the remembering subject at close proximity with the past. At the same time Naxalite movies explored the possibility of forgetting also to unveil the subtle complexities of individual's relationship with the past. Here I consider two Malayalam films-AmmaAriyan(1986) directed by John Abraham and Margam (2003) directed by Rajeev Vijayaraghavan- to investigate how memory and oblivion are meticulously used by the filmic narratives to politicize a society already under the grip of political amnesia.
Professional Competences: An Integrative Approach for Defining The Training C...QUESTJOURNAL
ABSTRACT: This paper offers an integrative proposal for Business Administrationcurricular programs. For that purpose, we have carried out a survey with teachers from upper Business Administration courses so as to select a group of key competences for the contemporary Administrator, which has allowed us to elaborate an integrative proposal of curricular program for the Business Administration scholars in Brazil. As a qualitative research, it consists of a multiple case study with empirical approach and a triangular analysis based on Moraes (2014).Its main objective has been to analyze the curricular programs from five higher education institutions in the state of Rio Grande do Sul and two other foreign institutions in South America. At first, we have asked ourselves the following question: How to adapt the Business Administration curricular program to the contemporary needs as far as the vocational training competences of Administrators are concerned?In order to answer it, we have analyzed the National Curriculum Guidelines (DCN) and the Political-Educational Projects of Business Administration Courses (PPC/CSA). After that, we have compared the Curricular Components (CC) of the Higher Education Institutions (HEIs) under analysis. After performing the triangular textual analysis of the DCN, PPC/CSA and CC of all HEIs under study, we have carried out a survey with 35 teachers from Business Administration upper courses through a computerized online questionnaire.We have sent a Survey Monkey link for a total of 40 teachers, however, only 35 answered it (87.5%); we have considered 100% valid answers. Previously, based on the doctrine of competences and curriculum according to the most renowned authors – suchas Vygostsky, Freire, Sacristán, Piaget, Saviani, Bloom, Libâneo (curriculum); Fleury & Fleury, Zarifian, Perrenoud, Lisboa (competences), among others – wehave concluded that implementing the integrative proposal will providemore well-prepared graduates from the Business Administration course right to the competitive and globalized labor market.
Resisting Total Marginality: Understanding African-American College Students’...QUESTJOURNAL
This document summarizes a research paper that explores how African American students attending predominantly white institutions (PWIs) develop their racial identity and achieve academic success despite facing marginalization. The paper examines how total marginality, defined as the cumulative dissonance Black students face on campus, impacts identity development and success. It reviews literature on racial identity and oppositional culture theories. The study was conducted through interviews at a Midwestern state university to understand how successful Black students resisted total marginality and developed their racial identity. The findings provide insight into how peer groups, environment, and embracing their racial identity can help Black students graduate from PWIs.
“To the Truthful Death, From the Shining Life” By Joe VargheseQUESTJOURNAL
1. The document contains 5 poems by Joe Varghese exploring themes of death, mortality, and the realization that death proves one's life was real.
2. The poems cover topics like capturing moments through photography, writing love letters to one's dead body, being inspired by a heavenly muse, being shaped by life experiences like failures and betrayals, and viewing one's grave as the greatest monument ever built.
3. Overall, the poems reflect on death as enlightening humans to the reality of their existence and that death is what proves a person was truly alive.
Alternative dispute resolution and civil litigation barriers to access to jus...QUESTJOURNAL
ABSTRACT: Civil law is the predominate system of law in the world. Civil law as a legal system is often compared with common law. The main difference that is usually drawn between the two system is that common law drawn abstract rules from specific cases, whereas civil law with abstract rules which judges must then apply to the various cases before them. Civil law has its roots in Roman law, Common law and the Enlightenment, alongside influence from other religious laws such as Islamic Law. The legal system in many civil law countries are based around one or several codes of law which set out the main principles that guide the law. On the other hand, Criminal Law as offences and prescribes punishment for them. It not only precludes or prevents crimes but also punish the offender. It is necessary for the maintenance of law, order and peace within state. In criminal cases, it is the state which initiates proceeding against the offender. Laws relating to the Civil Proceeding as the Code of Civil Procedure 1908; the Civil Courts Act 1887; the Suit Valuation Act 1887; the Limitation Act 1908; the Registration Act 1908; & the Specific Relief Act 1877.
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Disclaimer: Some of the prompts mentioned here are the examples of Matt Diggity. Please use it as reference and make your own custom prompts.
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2. Evaluation Of The Labour Court As An Instrument For Dispute Resolution In Zimbabwe
*Corresponding Author: Prof. Kudakwashe Sithole1
61 | Page
have easy access to the dispute resolution systems. They should know who to approach and how to involve the
dispute resolution institutions in their dispute. This was complemented further by Trudeau (2002), who argued
that arbitration is accessible if parties have full knowledge of how it works as well as how readily the facilities
can be accessed. This includes the knowledge of the procedures and the system in general. Trudeau further notes
that accessibility refers to the ease with which disputants can resort to the process without the complication of
technical considerations and complex legal paper work.
III. RESULTS AND DISCUSSION
Accessibility
Gwisai (2006) observed that the Labour Court rules SI 59 of 2006 rule 12 subrule (1) and (2) affirm the
informal and inflexible character of the Labour Court required under Section 90 (a) which states that the court
"shall not be bound by the strict rules of evidence and the Court may ascertain any relevant fact by any means
which the presiding officer thinks fit and which is not unfair or unjust to either party". Various decisions of the
Labour Court have affirmed this informal and flexible character of the Labour Court. In Kurwaisimba vs
Windmill (Pvt) Ltd LC/H/42/06, Musariri P held that the Court was not bound by the strict rule of evidence.
Hove P aptly put it in Guyo vs Trans Africa Timber Merchants LC/H/246/04 by stating "the Labour Court is an
informal court, which is not restricted by the usual rules of evidence, as is the case in other courts. It is not
concerned with technical issues but concerns itself with substantive issue of justice and fairness".
Representation is also another issue of accessibility of the Court. According to the Labour Court rules,
representation was defined as "means an official or employee of a registered trade union or employer’s
organisation representing a party who is a member of that trade union or employer’s organisation". This is in
line with Section 92(b) of the Act. In the case of Bothwell Rutsvara vs Lucullus (Pvt) Ltd LC/H/38/08 it was
held that consultants are not permitted to represent parties in the Labour Court. Gwisai (2006) argued that this
archaic provision is designed to protect the monopoly of bosses and lawyers over legal services and has no place
in modern legislation. The provision hits hardest ordinary employees who cannot afford the massively escalating
fees of lawyers, which is at an hourly rate than an ordinary worker`s monthly wage. The researcher is persuaded
by the thinking of Gwisai that due to economic meltdown, most employees do not afford to hire a lawyer, but it
will be investigated in the study to establish if workers are hard done by the provision and that they clamour to
be represented by whomever they deem fit or that relaxation in rules will reduce the court to a kangaroo court.
It was argued by Brand et al (1997) that it is almost axiomatic that the ideal labour dispute resolution
system should be free, or, at the very least, inexpensive. The practice direction number 1 of 2014, require that a
party who lodges an appeal or application before the Labour Court to deposit with the sheriff as security of
service of all notices for set down of matters, if one does not pay the costs, the appeal or application will be
deemed to have been abandoned and shall not be set down for hearing. The researcher seeks to find out from the
stakeholders who approach the court if the issue of paying costs is making the court accessible or otherwise.
Speed
Madhuku (2012) claims that the Zimbabwean labour law does not impose a maximum time limit for
the Labour Court to deliver judgments, he argued that this gap in the law accounts for some of the delays in
resolving labour disputes. The researcher is of the view that any long delays in the court process creates barriers
to justice, hence the old adage justice delayed is justice denied. Thus the research sought to establish the delays
encountered in the matters before they are set down and after judgments have been reserved. Put simply, the
research will show whether it is the process that delay matters or the period awaiting the outcome. Standards
emerging from other countries provide a time limit within which a judgment must be made. Thus, Section 67(4)
of the Malawi Labour Relations Act, 1996 says:
"Every decision, including any dissenting opinion, shall be issued to the parties within twenty-one days of the
closing of the final sitting on the matter".
The Industrial and Labour Relations Act Chapter 269, Section 94 of Zambia says:
(1)"The Court shall deliver judgment within sixty days after the hearing of the case. Judgment of Court"
(2)"Failure to deliver judgment, within the period stipulated in subsection (1) shall amount to inability by the
Chairman or Deputy Chairman to perform the functions of his office and the provisions of the Constitution shall
apply. Cap. 1"
The issue of enforceability of judgments also affects the speed with which matters are determined.
Judgments of the Labour Court are not automatically enforceable. Section 92B (3) provides the following:
"Any party to whom a decision, order or determination relates may submit for registration the copy of it
furnished to him in terms of subsection (2) to the court of any magistrate which would have had jurisdiction to
make the order had the matter been determined by it, or, if the decision, order or determination exceeds the
jurisdiction of any magistrate court, the High Court".
3. Evaluation Of The Labour Court As An Instrument For Dispute Resolution In Zimbabwe
*Corresponding Author: Prof. Kudakwashe Sithole1
62 | Page
Madhuku (2012) argued that the registration process is laborious and confusing. Many workers are
unaware of this requirement and the lapse of time between obtaining the judgment and seeking registration for
enforcement may make it impracticable to get an effective remedy. The courts refuse to register the judgments
that are not quantified, as an order for reinstatement only that means the employees have to go back to the
Labour Court again and make an application for quantification, further again waiting for that application to be
determined.
Other countries in the region make these judgments automatically enforceable. For instance in South
Africa, Section 163 of the Labour Relations Act, 1965 provides the following:
"Any decision, judgment or order of the Labour Court may be served and executed as if it were a decision,
judgment or order of the High Court"
In relation to orders of the Industrial Court, the Botswana legislation says in Section 25(2) that:
"A decision of the Court shall have the same force and effect as a judgment or order of the High Court, and shall
be enforceable in like manner as such judgment or order".
Section 75 of the Malawi Labour Relations Act 1996 says:
"Any decision or order of the Industrial Court shall have the same force and effect as any other decisions or
order of a competent court and shall be enforceable accordingly".
The examples from other countries are very insightful. In this research, the researcher will make
reference to the above literature in examining the extent to which employees labour in their endeavour to
register awards to other courts considering other courts have their backlog as well, and their processes which is
different from those processes of the Labour Court. The study will establish if this route is long and tortuous to
employees, or its a process that has to be followed and are comfortable with it.
Expertise
Efficiency and effectiveness in dispute resolution can only be achieved by human beings. In any
system of dispute resolution as noted by Brand et al (1997) the people staffing the various institutions will play
a decisive role in determining how efficiently and effectively that system works. For it is those very dispute
resolvers that must strike the balance between countervailing considerations of practical and informal dispute
resolution on the one hand and the maintenance of fairness, justice, impartiality and order on the other hand.
Expertise means the competency of the principal actors in the dispute management process. It is critical that
these are manned by specialised personnel who appreciate labour law jurisprudence and industrial relations.
According to Bishop and Reed (1998), they should be disinterested and neutral parties. This was supported by
Brand et al (1997) who notes that a dispute resolver should be fair, unbiased and independent. Not only will the
personnel of the dispute resolution system determine, to a large extent, the efficiency and effectiveness of the
system, but they will also determine the view and the attitude that the employers, employees, employers`
organisations, trade unions and lawyers take of the dispute resolution system.
Section 85 of the Act states that:-
A person shall not be qualified for appointment as a President of the Labour Court unless he-
(a) Is a former judge of the Supreme Court or High Court, or
(b) Is qualified to be judge of the High Court, or
(c) Has been a magistrate in Zimbabwe for not less than seven years.
Madhuku (2012) observed that Zimbabwe`s Labour Act does not prescribe expertise in labour law as a
pre-requisite for appointment as a judge of the Labour Court. Zimbabwe takes the view that any reasonably
qualified lawyer is suitable for appointment. This is a fundamental misconception and is a major area of
weakness as there is need at the issue of specialisation. Labour law has become a very specialised, complex and
challenging area of the law. In Lesotho, Section 23(2) of the Labour Code says:
"The President and Deputy Presidents as may be prescribed shall be persons qualified in law with experience in
labour relations".
In South Africa, Section 153 of the Labour Relations Act has the following relevant provisions:
"(2) The Judge President and the Deputy Judge President of the Labour Court must be judges of the Supreme
Court; and must have knowledge, experience and expertise in labour law.
(6) A judge of the Labour Court must-
(a) (i) Be a judge of the High Court, or
(ii) Be a person who is a legal practitioner, and
(b) Have knowledge, experience and expertise in labour law".
4. Evaluation Of The Labour Court As An Instrument For Dispute Resolution In Zimbabwe
*Corresponding Author: Prof. Kudakwashe Sithole1
63 | Page
Madhuku (2012); claims that most current judges of the Labour Court have no expertise in labour law.
The majority of them are former magistrates who spent greater part of their legal career in criminal law. The
researcher will investigate if the current Labour Court judges had other qualifications in labour law and
experience in the field of labour upon appointment and also investigate if this has an adverse effect on the
judgments they pass. It is true that the field of labour is evolving and such a special institution should be
manned by qualified and experienced personnel, the study will show if the dispute resolvers are up to the task or
the outcome of the judgments are compromised to an extend that no reasonable person applying his/her mind to
the facts would arrive at such a decision.
Challenges
According to Kanyenze et al (2011), the Labour Relations Board`s and Tribunal`s lack of adequate
resources created a huge backlog of cases. Kanyenze further observed that the cumbersome dispute procedures
were amended to allow quick decision-making; the numbers of stages to be followed in dispute resolution were
substantially reduced. Time limits were also set for handling cases at all stages, which was expected to quicken
their resolution. However, in spite of this streamline, the backlog remained. The Tribunal had only two full time
judges, who were easily overwhelmed by the number of cases awaiting resolution. It was also highly centralised,
based only in Harare. Starting June 2006, Labour Courts were centralised to Gweru and Bulawayo, and up to
now the geographical locations of the Court are covering Zimbabwe.
Khabo (2012) notes that the place Labour Court enjoy within the judicial hierarchy is also critical if
they are to attract and retain human resource base of the right calibre. The general trend in the region is that the
Labour Courts are relegated to the status of the subordinates’ court, which is very unfair on the presiding
officers considering the specialised nature of the cases they handle and the specialised skills they possess. At
least in South Africa the Labour Court enjoys the same status as the High Court. In Botswana, Malawi, Lesotho,
Zambia and Zimbabwe the Labour Court is subordinate to the High Court. This subordinate status also has
implications in terms of resource allocations and benefits associated with positions. Labour Courts in the region
receive a very small budgetary allocation and do not have accommodation of their own and the conditions leave
a lot to be desired. In this study it will be highlighted if the Labour Court is subordinate to the High Court and
establish if this has implications in resource allocation.
The study will highlight the challenges faced at the Labour Court that hinders its effectiveness in
dispute resolution management. In looking at the challenges, the study will be guided by the concept of resource
based view. The resource-based view of the organisation emphasizes the need for resources as being primary in
the determination of policies and procedures. Addressing journalists, Chinamasa, the then Minister of Justice
and legal affairs said "the challenge is that not everybody wants to become a judge as we don`t pay well. The
issue of remuneration is still a challenge because we approached some lawyers and they declined to take the
offer because of salaries", Newsday March 7, 2013. It will be highlighted in the study if the court has the
resources at their disposal for effective resolution of disputes.
According to Boinstein and Thomas (1995), the Labour Court`s libraries are inadequately equipped
with recent textbooks and journals. Thus the judges suffer malfunction of digest of labour law as international
sources are alien to the courts. Ahmed and George (2002) posit that the judges lack the best support in resources
(technical and human). The researcher will investigate to establish whether the Labour Court have a library in
place and also to find out whether that library is well stocked with recent material in labour law. In terms of
human capital that supports the judges, the researcher will establish whether the Labour Court judges, like other
judges of superior courts (Supreme Court and High Court) have research assistants. Hence, research will
demonstrate how resources are a vital cog in the justice delivery system.
Another challenge faced at the Labour Courts according to Ahmed and George (2002) is the perennial
increase of workload for Labour Court judges which have an adverse effect on the expeditious resolution of
matters. Vranken (2009) claimed that the Labour Courts are inundated with cases as both employers and
employees have become more litigious. The research will find out if the workload for the judges have increased,
and what effects it has on the effectiveness of the court in dispute resolution.
Bonstein and Thomas (1995) postulates that Labour Courts are limited by little competence such that
there is little invocation of international standards to enhance judicious decisions. Judges and legal practitioners
rarely receive formal training on international laws, such that countries Finland, Ghana, Tanzania and
Zimbabwe posses a narrow field of competence as compared to USA (United States of America), UK (United
Kingdom), France, Spain and Italy. However, knowledge about dispute management does not affect judges and
lawyers alone. Bendeman (2002) claims that; most employers, unionists and employees do not possess and
skills to operate effectively in the system. Fayoshin (2008) notes that the calibre of some of the trade union
officials who represent their members before the Labour Court is disturbing. It is unfortunate that employee
rights are compromised in the process.
5. Evaluation Of The Labour Court As An Instrument For Dispute Resolution In Zimbabwe
*Corresponding Author: Prof. Kudakwashe Sithole1
64 | Page
Saharay (2011); notes that the Labour Courts have no supervisory jurisdiction that empowers them to
act as both a custodian and guardian of employment law. The proceedings at the workplace are overseen by
management, whilst those proceedings before the arbitrator are solely dictated by arbitrators; suffice to say that
the Labour Court has no role to play. Madhuku (2012) also observed that the Labour Court has no supervisory
oversight over the work of arbitrators other than through appeals against awards on a question of law. This in
researcher`s view places the Labour Courts in the position akin to those of firefighters who only react upon the
breakout of a fire. In the researcher`s view, this places the Labour Courts as mere spectators to industrial
disputes. Thus if, in researcher`s view, the Labour Court becomes active participants and major players at
industry level, most disputes will be nipped in the bud before they blossom.
Judiciousness
According to Machingambi (2006), the principle of finality to litigation is realised if justice is
perceived by parties to have been administered fairly. The judiciousness of the decision determines whether
parties accept it. It therefore goes without saying that the decision to appeal against a judgment by parties is
directly related to their perception of its judiciousness. A decision which is perceived to be unjust and unfair is
likely to be appealed against.
According to Gwisai (2006), a party aggrieved by the decision or order of the Labour Court may appeal
to the Supreme Court but only on a question of law, according to Section 92F(1); (2) and rule 36 of the Labour
Court. The application of leave to appeal to Supreme Court must be made to the President who made the
decision within 30 days from the date of that decision. According to Gwisai, the object of these provisions is to
attain expeditious and effective resolution of disputes by achieving finality to litigation. On appeal, the powers
of the Supreme Court are wide and they include the power to confirm, vary, amend or set aside the judgment
appealed against or remit the case to the court or tribunal of first instance for further hearing or take any other
course which may lead to the just, speedy and inexpensive settlement of the case.
Gwisai (2006) argued that the integration of the Labour Court which are founded on a pluralist
ideology, with the most conservative of the formal courts is a recipe for disaster. Furthermore, as argued by
Gwisai, the Supreme Court is unlikely to fully realise the objects of social democracy in the workplace
underpinning the Act. This was supported by Kanyenze et al (2011) who noted that in the case of Charles
Ambali vs Bata Shoe Company, the judgment took away the right to reinstatement of a wrongfully dismissed
worker. Justice McNally opined:
"...an employee, who considers whether rightly or wrongly, that he has been unjustly dismissed, is not entitled to
sit and do nothing. He must look for alternative employment. If he does not, his damages will be reduced. He
will be compensated only for the period between his wrongful dismissal and the date when he could have
reasonably has expected to find alternative employment."
Kanyenze argued that the judgment had the effect of rubbing salt into the injury, blaming the victim for
his/her plight. Furthermore, as noted by Kanyenze, the judgment took away a right when it was needed most
because the worker was asked to mitigate his loss by seeking alternative employment at a time the
unemployment rate was high.
In South Africa, as stipulated by Grogan (2010), any party aggrieved by the Labour Court judgments
will appeal to Labour Appeal Court. The Labour Appeal Court is a court of law and equity and it is the final
court of appeal in respect of all judgments and orders made by the Labour Court. It is a superior court that has
authority, inherent powers and standing, in relation to matters under its jurisdiction (Brand et al, 1997).
IV. CONCLUSION
This paper has looked at the effectiveness and efficiency of the Labour Court with particular emphasis
on speed, accessibility and expertise, and lastly on challenges and judiciousness of disputes. The research notes
that existing research carried out by various scholars has emphasis on the concept of speed, accessibility and
expertise.
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6. Evaluation Of The Labour Court As An Instrument For Dispute Resolution In Zimbabwe
*Corresponding Author: Prof. Kudakwashe Sithole1
65 | Page
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Laws reffered to:
[16]. Zimbabwe Labour Act Chapter 28:01 (2006)
[17]. Zimbabwe Relations Act (1985)
[18]. Industrial Conciliation Act (1959)