Eden, Dzulzalani (2012) Workplace dispute resolution in Malaysia : investigating conciliation claims for reinstatement. PhD thesis, Victoria University.

Abstract

Workplace disputes are best resolved in-house and this principle underlies dispute resolution regulations and legislation in countries such as the UK, Australia and New Zealand. Only after a failure to resolve a matter at workplace level do disputants have the option of referring their conflict to conciliation at an external tribunal in these countries. In turn, conciliation settlement rates are high, leaving only a residual need for arbitration services. Whilst Malaysia has a similar dispute resolution system to these countries, which share the same heritage of British law, its workplace dispute resolution system is fraught with problems. This thesis presents the first large scale study of workplace and tribunal level dispute resolution of claims for reinstatement in Malaysia. It addresses the key issues of why workplace disputes fail to be resolved in-house and then, why they fail to resolve at conciliation. The thesis probes into the reasons why there is a high rate of referral of claims for reinstatement which progress to arbitration, creating a severe case backlog for the Industrial Court.

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