Resolution of industrial disputes

Abstract

Changes in various provisions of the Industrial Relations Act, 1976 have been on the agenda of various governments for a number of years. Amongst the areas in dire need of amendment is the third part of the same Act - 'Settlement of disputes'. Throughout this thesis major focus will be placed on this part of the law: the present structure and its deficiencies using a comparative analysis and :finally suggesting new proposals for an overhaul of the existent system. Greater emphasis will be made on the voluntary settlement mechanisms. This thesis is divided into five Chapters. The first chapter will highlight the need for reform in this area of law. The second chapter deals with certain preliminary concepts. An introduction to such concepts will serve to understand why one type I of dispute requires a particular kind of settlement machinery. Chapter 3 deals with the Settlement Dispute Machinery resorted to in Great Britain, France and Belgium. The Chapter will compare the three systems indicating the most successful and workable one. Particular emphasis will be placed on the English structure which in the writer's opinion is considered to be the most fitting model to be followed for the restructuring of the Maltese system Chapter 4 analyses the pas:t and present situation of voluntary and compulsory settlement of disputes, demonstrating certain flaws such as the direct involvement of the government in such issues and mechanisms created to facilitate such processes which have as yet not been implemented. The last chapter deals with suggested proposals to the 'Settlement of Disputes procedure' as intended by the social partners and by the writer in order to create a workable' and practical system for the prevention and resolution of industrial disputes.