ADR in labour ACT 2006
Settlement of Industrial dispute is at section 210(1) and said that if any time an employee or collective barganing agent finds that dispute between the worker and employer the employer and collective barganing agent shall communicate his or It's views in writing to the others party.
If a dispute reaches the stage of award by an arbitrator it is final and this route end here
Kinds of ADR which is used in the Labour Act,2006:-
1)Negotiation
2)Conciliation
3)Arbitration
Negotiations :
if a dispute is likely between an employer and an employee, the employer shall communicate the same in writing to the other party.
#within 10 days the parties will try to resolve the matter by way of negotiation, if a settlement reached, a memorandum shall be recorded accordingly section 210(1,2).
#Under sub-section 210(4), 30 days is allowed to complete negotiation.
Conciliation :
Failing in negotiation under subsection 210(1,2), any party may report to the conciliator that the negotiation have failed and request to the conciliator in writing a conciliate the dispute and conciliator shall, on receipt of such request, proceed to conciliate in the dispute.
# Under section 210(6) of the conciliator has 10 days time for cancellation.
Arbitration :
If conciliation is failed then the conciliator shall try to Persuade the parties to agree to refer to the dispute to an arbitrator.
In case the parties agree, they shall make a joint request in writing for reference of the dispute to an arbitrator agreed upon by them.
The arbitrator shall give his award within 30 days from the date on which such dispute is referred to him or within such period as may be agreed upon by the parties.
# And The award of the arbitrator shall be final and no appeal shall lie against it.