Role of mediator in dispute resolution processes

Assignment Help Business Management
Reference no: EM133294244

CASE STUDY

One of the landmark evergreen cases on mediation took place between Mercedes Benz South Africa and the National Union of Metalworkers of South Africa (NUMSA in 1989). The former Independent Mediation Services of SA (IMSSA) and Tokiso Dispute Settlement (the agency) facilitated the process. In this case, the relationship between Mercedes-Benz and NUMSA had been very strained and difficult for a number of years. IMSSA became involved with the parties when it mediated a dispute over the termination of the employment of certain union members, who were found to have participated in acts of misconduct during a demonstration in the plant. The dispute was settled through mediation and, in terms of the settlement agreement, the parties committed themselves to an RBO exercise to set their relationship on a new footing. A team of five IMSSA mediators ran the process. At an initial site visit at a Mercedes-Benz plant, they found workers with wooden AK47s on their backs. At lunchtime, there were mock bayonet charges on effigies of management. White supervisors were carrying real weapons and the atmosphere on the shop floor was one of deep antagonism and hostility. This was the late 1980s, and the political climate was still highly oppressive. The RBQ took place at a neutral country hotel venue, over four days. The company was represented by its chairman, numerous board members and 40 other managers from various levels in the company. The union was represented by two seniorfulltime union officials and 30 shop stewards from various plants around the country. The team of mediators constructed a mini-parliament and the parties engaged each other on a range of matters of concern to them, including: compliance with the recognition agreement, racial discrimination, political issues, selection, training and development of employees, consultation and participation by employees in decision making within the company, etc.

Question 1. Was there a mediation processes considered prior to termination ofemployment of certain union members? Explain

Question 2. Discuss the role of the mediator in the dispute resolution processes.

Question 3. Indicate and explain methods and approaches to mediation.

Question 4. Section 188 of the Labour Relations Act states that a dismissal will be unfair if the employer cannot prove it. Discuss the concept of no-fault termination in accordance with Labour Relations Act 66 of 1995. (4)

Reference no: EM133294244

Questions Cloud

Theoretical explanations of social facilitation : Give an example of one of the Theoretical Explanations of Social Facilitation (Table 10.2) that you have encountered.
Evaluation of alternative courses of action : Most business decisions involve the evaluation of alternative courses of action. For example, a marketing manager may be responsible for choosing a strategy
Defies stereotypes : Describe a time that cultural text you've chosen either uses stereotypes or defies stereotypes. What can your cultural text tell us about society more broadly?
Responsibility of businesses to address SDGs : Describe how the organization is working towards the selected SDG. In your opinion, do you believe it is the responsibility of businesses to address the SDGs?
Role of mediator in dispute resolution processes : Discuss the role of the mediator in the dispute resolution processes. Indicate and explain methods and approaches to mediation.
What are your thoughts on affordable housing : What are your thoughts on affordable housing? What are the causes of affordable housing? What are the effects of affordable housing?
Strategic management process : What are strategic competitiveness, strategy, competitive advantage, above-average returns, and strategic management process?
Why does coca-cola sponsor athletic events : Why does Coca-Cola sponsor athletic events? Why doesCoca-Cola bid low to get the exclusive contract for beverages at American universities and colleges?
Total cost of producing the program : Determine how the 20 available minutes should be used to minimize the total cost of producing the program.

Reviews

Write a Review

Business Management Questions & Answers

  Caselet on michael porter’s value chain management

The assignment in management is a two part assignment dealing 1.Theory of function of management. 2. Operations and Controlling.

  Mountain man brewing company

Mountain Man Brewing, a family owned business where Chris Prangel, the son of the president joins. Due to increase in the preference for light beer drinkers, Chris Prangel wants to introduce light beer version in Mountain Man. An analysis into the la..

  Mountain man brewing company

Mountain Man Brewing, a family owned business where Chris Prangel, the son of the president joins. An analysis into the launch of Mountain Man Light over the present Mountain Man Lager.

  Analysis of the case using the doing ethics technique

Analysis of the case using the Doing Ethics Technique (DET). Analysis of the ethical issue(s) from the perspective of an ICT professional, using the ACS Code of  Conduct and properly relating clauses from the ACS Code of Conduct to the ethical issue.

  Affiliations and partnerships

Affiliations and partnerships are frequently used to reach a larger local audience? Which options stand to avail for the Hotel manager and what problems do these pose.

  Innovation-friendly regulations

What influence (if any) can organizations exercise to encourage ‘innovation-friendly' regulations?

  Effect of regional and corporate cultural issues

Present your findings as a group powerpoint with an audio file. In addition individually write up your own conclusions as to the effects of regional cultural issues on the corporate organisational culture of this multinational company as it conducts ..

  Structure of business plan

This assignment shows a structure of business plan. The task is to write a business plane about a Diet Shop.

  Identify the purposes of different types of organisations

Identify the purposes of different types of organisations.

  Entrepreneur case study for analysis

Entrepreneur Case Study for Analysis. Analyze Robin Wolaner's suitability to be an entrepreneur

  Forecasting and business analysis

This problem requires you to apply your cross-sectional analysis skills to a real cross-sectional data set with the goal of answering a specific research question.

  Educational instructional leadership

Prepare a major handout on the key principles of instructional leadership

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd