INDUSTRIAL DISPUTES

There are two implication of this perspective, first is that conflict is the result of employees dissatisfaction and difference with management

Conflicts are realities of life and can be defined as a “situation of competition in which the parties involved are quite aware of the incompatibility of future condition whereby each party wishes to occupy a position that is incompatible with the wishes of the other” (Olu & Adesubomi, 2013, p. 2). They have no boundaries. They occur whether we like it or not, especially when there is disagreement and misunderstanding which stands as major key characteristics of human relationships. The relationship could be domestic, national, or international (Spiroska, 2014). Furthermore, conflicts happen when people are incompatible. In the organizational setting, conflict could arise due to failure of the employer, not honoring certain agreed bargaining. Henry (2009) indicated that if the workers’ right and prerogative is not appropriated rightly, it could cause conflict; such workers’

Causes of conflict in the work place can be due to various reasons, good examples of these would be

The content of the dissertation will include the following four main subjects: purpose of unions, opposition to unions, characteristics of symbiotic partnerships and attaining symbiotic partnerships. This logical progression should demonstrate the past need for unions, when they can become a limitation and how to achieve the optimal relationship between company and union. Figure 1 is a content map that outlines the purposed flow and content of the

Despite the harmonious nature of Japanese people, there are still conflicts that cannot be resolved within the enterprise union and the firm. Most of these unresolved conflicts occur because many firms are conducting restructuring and retrenchment during this period of economic uncertainty. When these conflicts happen, they can approach the local government mediation body to help conciliate and make a decision. Most decisions made are generally accepted; however, should the conflicts still exist, they can opt for arbitration in the Labour Tribunal System, or legislation in court. For arbitration, the judges involved are tripartite in nature: 1 professional judge, 1 union representative and 1 employer representative. All 3 judges must have professional knowledge and experience in labour issues, and there are no more than 3 hearings, verdict based on majority. If the verdict is rejected by either party, they may proceed to legislation (Elbo 2004).

- Describe the role played by the tribunal and courts systems in enforcing employment law

As the expression of employees' dissatisfaction and differences with employers, conflict is regarded as bad and irrational for the organization and should be kept down through some forcible ways. Conflict can arise from employees' misunderstanding of the direction of the organisation or the poor communication between the staff and the management, enabling employees to substitute alternative agendas instead of the organisation's agenda (Bray, Deery, Walsh and Waring, 2005). Moreover, conflicts can arise from the poor management that caused by the management's failure to identify and meet employees' basic needs.

Employers must respect the role of the union as the only and restricted agent of the employees. Respect between the employer and the union, on behalf of its employees, is the key to a successful relationship. The association between parties must adhere to the employer 's exclusive right to manage its operations and to direct its workforces. Both parties must identify and acknowledge their respective rights and obligations under labor and service legislation and, under a cooperative agreement, the rights and duties of the employees covered by this agreement (HR in an Unionized Workplace).

Industrial relations → management of employees: pay rates, encouraging union representation, individual contracts or wage agreements with whole workforce

Employment relationship – defn. “the relationship that exists between employers and employees in the workplace”

An employment relationship describes the dynamic, interlocking economic, legal, social and psychological relations that exist between individuals and their work organizations. Palgrave Macmillan (2013), Glossary [online] Available at: < http://www.palgrave.com/business/brattonandgold/glossary/glossary.htm> [Accessed 17th September 2013]. Factors that impact on this relationship both have a detrimental effect to the running of a business. I will focus on two internal and two external. These being:

After the abolition of slavery, the resentment which former slaves felt at their exploitation and the low wages plantation managers were prepared to pay, (which were below what a family could live on), turned the former plantation workers against work in agriculture. This refusal to continue to work on the plantations became, in an industrial relations context, the first "withdrawal of labour" or strike action. Eaton (2002) purports that the industrial relations response by the state, which was coeval with the mercantile class, co-operated in defeating the workers' protest action by

Employment relation is one of the vital and critical parts of HRM. For making an effective and healthy relationship between employers and employees, it is important to understand the perception of employment relations along with its importance in an organisation (Wang & Chen, 2005). Thus, if an organisation fails to understand its significance of employment relations and unable to manager employer and employee relationship efficiently, this might lead to impact on the organisation power and will deter its strength and profitability. According to Singh (2011), employee relations is basically a study of regulations, agreements and rules through which employees are accomplished with collective and individual group, importance imposed to individual

Conflicts in the workplace and interpersonal relationship are inevitable. Organizational conflict is common in the workplace because people always have divergent views on various issues, interests, ideologies, goals, and aspirations (Deutsch, 1990). Conflict exists in all kinds of environments because people compete for power, jobs, resources, security and recognition. People who seek power therefore, struggle with others for position or status within the group (Henry, 2009).

The subject of the research is the law applicable in international commercial arbitration. The paper will first deal with the law applicable to arbitration agreement. Secondly, the question of determination of law applicable to the merits of the dispute will be brought up including the case when the intention of the parties can be found and the situation when there is absence of the choice of law made by the parties. The significance of the selected research topic can be explained by the fact that international commercial arbitral proceedings is widely used by the parties of commercial transactions as the effective method of dispute settlement and the issue of applicable law to the merits of the dispute is one of the main which the arbitral tribunal has to decide.