IOP3704 EXAM SCOPE
1. Both assignments 1 & 2
Describe the concept of Alternative Dispute resolution:
1. Alternative dispute resolution – involves third-part interventions and processes such as fact
finding, problem solving, relationship-building and mediation and arbitration in the dispute
resolution process.
2. Seeks not to declare winners or losers, but to find reconciliation between disputing parties.
3. Promotes a win-win situation
4. Mediation is a dispute resolution process which is non-adversarial in nature
5. ADR includes informal tribunals, informal meditative processes, formal tribunals, and formal
meditative processes. The classic formal tribunal forms of the ADR are arbitration (both binding
and advisory or non-binding). The classic formal meditative processes is referral for mediation
before a court-appointed mediator or mediation panel.
6. Physical settings: Private area away from work location; parties seated to convey sense of
equality and mediator seated to remain control
ADR has been used increasingly alongside, and integrated formally into legal systems internationally in
order to capitalise on the typical advantages of ADR over litigation:
1. Suitability for multi-party disputes
2. Flexibility of procedure – the process is determined and controlled by the parties to the
dispute.
3. Lower costs
4. Less complexity (“less is more”)
5. Parties choice of neutral third party (and therefore expertise in area of dispute) to direct
negotiations / adjudicate
6. Likelihood and speed of settlements
7. Practical solutions tailored to parties interests and needs (not rights and wants, as they may
perceive them)
8. Durability of agreements
9. Confidentiality
10. The preservation of relationships and the preservation of reputations
2. Discuss the role and significance of the tripartite relationship in employment relations
One mark will be allocated for any of the following statements/ facts:
1. The tripartite relationship in labour, includes the three main role plyers, that is, the State,
employer (and employer organisations) and the employees as represented by trade unions.
2. The relationship between the union and management is characterised by the inherent conflict
and corporation.
3. The conflict of interest that exists between management and trade unions must be regulated
by the State in the enactment of appropriate legislation that will contribute to the
establishment of more stable and harmonious relations.
1
, Basic approach leading to effective labour-management cooperation:
1. Mutual trust by both parties
2. Problem solving approach to bargaining
3. A willingness to innovate and experiment
4. The widespread implementation of joint committees and activities that improve the
bargaining relationship
5. Constant communication between both parties
6. Benefits derived from the cooperation effort is separate from and protected from the use
of bargaining tactics
7. Ensuring self-reliance on behalf of the parties on settling differences before resorting to
legal counsel.
The primary role of the union is to get the best possible deal for its members:
1. Protect and ensure that employees rights are protected and not violated
2. Embark on industrial action such as strikes, picketing, go-slows and other forms of industrial
actions as part of collective bargaining in the workplace
3. Negotiate better benefits and better conditions for their members
4. Contribute to the socioeconomic and political development of the country
5. Become involved in the achievement of social justice and addressing historical imbalances
created by the response to strikes of employers in apartheid South Africa
The employer’s recourse in line with the provisions of the LRA will include lockout. A lockout is a form
of action that may be exercised by an employer. Section 213 of the LRA defines a lockout as “the
exclusion by an employer of employees from the employers workplace, for the purpose of compelling
the employees to accept a demand in respect of any matter of mutual interest between employer and
employee, whether or not the employer breaches those employees contracts of employment in the
course of or for the purpose of that exclusion”
3. Thomas-Kilmann conflict resolutions styles and various perspectives in labour relations
(Complete)
Conflict resolution Styles/Management Styles
1 mark for the correct mentioning of the conflict resolution style. 2 marks for the correct mentioning of dimensions.
1mark for the explanation of the mode. 1 mark for giving an example.
1. Competing – assertive and uncooperative. Not taking the concern of others into consideration, basically
pursuing own concerns at the expense of others. Using power to win one’s position.
Leads to win-lose situation
Eg
2. Collaborating – assertive and cooperative. Taking into account the concerns of others.
Leads to win-win situation
Eg
3. Compromising – Typical in union management negotiations. Trying to find a middle ground as a result of
opposing positions. Fosters a mutually acceptable solution that partially satisfies both sides, without fully
meeting all concerns to everyone’s satisfaction
Eg Compromise between 20% increase or 30% .Decide to settle on 25%
2
1. Both assignments 1 & 2
Describe the concept of Alternative Dispute resolution:
1. Alternative dispute resolution – involves third-part interventions and processes such as fact
finding, problem solving, relationship-building and mediation and arbitration in the dispute
resolution process.
2. Seeks not to declare winners or losers, but to find reconciliation between disputing parties.
3. Promotes a win-win situation
4. Mediation is a dispute resolution process which is non-adversarial in nature
5. ADR includes informal tribunals, informal meditative processes, formal tribunals, and formal
meditative processes. The classic formal tribunal forms of the ADR are arbitration (both binding
and advisory or non-binding). The classic formal meditative processes is referral for mediation
before a court-appointed mediator or mediation panel.
6. Physical settings: Private area away from work location; parties seated to convey sense of
equality and mediator seated to remain control
ADR has been used increasingly alongside, and integrated formally into legal systems internationally in
order to capitalise on the typical advantages of ADR over litigation:
1. Suitability for multi-party disputes
2. Flexibility of procedure – the process is determined and controlled by the parties to the
dispute.
3. Lower costs
4. Less complexity (“less is more”)
5. Parties choice of neutral third party (and therefore expertise in area of dispute) to direct
negotiations / adjudicate
6. Likelihood and speed of settlements
7. Practical solutions tailored to parties interests and needs (not rights and wants, as they may
perceive them)
8. Durability of agreements
9. Confidentiality
10. The preservation of relationships and the preservation of reputations
2. Discuss the role and significance of the tripartite relationship in employment relations
One mark will be allocated for any of the following statements/ facts:
1. The tripartite relationship in labour, includes the three main role plyers, that is, the State,
employer (and employer organisations) and the employees as represented by trade unions.
2. The relationship between the union and management is characterised by the inherent conflict
and corporation.
3. The conflict of interest that exists between management and trade unions must be regulated
by the State in the enactment of appropriate legislation that will contribute to the
establishment of more stable and harmonious relations.
1
, Basic approach leading to effective labour-management cooperation:
1. Mutual trust by both parties
2. Problem solving approach to bargaining
3. A willingness to innovate and experiment
4. The widespread implementation of joint committees and activities that improve the
bargaining relationship
5. Constant communication between both parties
6. Benefits derived from the cooperation effort is separate from and protected from the use
of bargaining tactics
7. Ensuring self-reliance on behalf of the parties on settling differences before resorting to
legal counsel.
The primary role of the union is to get the best possible deal for its members:
1. Protect and ensure that employees rights are protected and not violated
2. Embark on industrial action such as strikes, picketing, go-slows and other forms of industrial
actions as part of collective bargaining in the workplace
3. Negotiate better benefits and better conditions for their members
4. Contribute to the socioeconomic and political development of the country
5. Become involved in the achievement of social justice and addressing historical imbalances
created by the response to strikes of employers in apartheid South Africa
The employer’s recourse in line with the provisions of the LRA will include lockout. A lockout is a form
of action that may be exercised by an employer. Section 213 of the LRA defines a lockout as “the
exclusion by an employer of employees from the employers workplace, for the purpose of compelling
the employees to accept a demand in respect of any matter of mutual interest between employer and
employee, whether or not the employer breaches those employees contracts of employment in the
course of or for the purpose of that exclusion”
3. Thomas-Kilmann conflict resolutions styles and various perspectives in labour relations
(Complete)
Conflict resolution Styles/Management Styles
1 mark for the correct mentioning of the conflict resolution style. 2 marks for the correct mentioning of dimensions.
1mark for the explanation of the mode. 1 mark for giving an example.
1. Competing – assertive and uncooperative. Not taking the concern of others into consideration, basically
pursuing own concerns at the expense of others. Using power to win one’s position.
Leads to win-lose situation
Eg
2. Collaborating – assertive and cooperative. Taking into account the concerns of others.
Leads to win-win situation
Eg
3. Compromising – Typical in union management negotiations. Trying to find a middle ground as a result of
opposing positions. Fosters a mutually acceptable solution that partially satisfies both sides, without fully
meeting all concerns to everyone’s satisfaction
Eg Compromise between 20% increase or 30% .Decide to settle on 25%
2
