2013 EMPLOYMENT CONFLICT - AND DISPUTE RESOLUTION IN DEVELOPMENT

Overview

This seminar focuses on building conflict and dispute resolution skills in the employment/ labour arena, by utilizing various mechanisms including negotiation, mediation/conciliation and arbitration. The development of these skills will take place in the context of analyzing the necessary systems, processes and policies which may assist in the effective resolution of labour and employment conflicts. Negotiation and mediation exercises, role- plays, case studies, and a simulated labour arbitration will be utilized to build skills and facilitate a deeper understanding of these fundamentally important mechanisms. A round table discussion focusing on issues identified by participants will conclude the seminar. As workplaces are diverse, emphasis will be placed on the cross-cutting and essential employment conflict- and dispute resolution skills which will apply in different environments. Managers, supervisors, trade union officials and legal practitioners will benefit from this seminar.

Course Outline

Setting the Context for Labor Conflict - and Dispute Resolution

• Key aspects of Labor and Employment Law (also referencing some important International Labor Conventions and Recommendations)
• Individual employment, versus the collective (trade union) labor relationship
• Workplace conflict: understanding its causes, dynamics and implications
• Setting up policies and systems to facilitate workplace conflict prevention and resolution
• Key policies and their implementation – grievances, discipline, performance, changing operational needs
• Employment termination – misconduct; incompetence/incapacity; operational reasons

Labor Conflict and Dispute Resolution Mechanisms

• Negotiation (Styles; Approaches; Negotiation Process; Skills; Techniques)
• Mediation (Principles; Mediation Process; Role of Mediator; Skills; Techniques)
• Hybrid processes
• Arbitration (Labor Arbitration Mechanisms; Agreement; Arbitration Process; Stages; Role of Arbitrator; Skills; Techniques)

Course Advisor

Gerhard Botha Gerhard Botha is Director of Programs at ILI. Previously, he worked for the World Bank as a senior sector specialist in legal and judicial reform and private and financial sector development. Mr. Botha specialized in labour/employment law and relations, conflict resolution and negotiations, both in private practice and within a large corporate environment in Southern Africa. He has over 25 years experience in legal and labour relations practice, and in international development. Mr. Botha holds B.A. and LL.B degrees from the University of Stellenbosch in South Africa, an LL.M in Labour Law, from the University of South Africa and an LL.M focusing on labour/ employment law and Alternate Dispute Resolution, from The George Washington University Law School in Washington DC.