The role of mandatory ADR and agency engagement in resolving employment discrimination complaints: an Australian perspective
The International Journal of Comparative Labour Law and Industrial Relations
2015
31
1
March
27-46
discrimination ; dispute settlement ; human rights ; labour law
Law
http://www.kluwerlawonline.com
English
"Many jurisdictions struggle with the challenge of how to make their processes accessible, fair, and cost-effective when dealing with employment discrimination complaints. This article examines this problem from an Australian perspective, in the light of comparable arrangements and recent legislative initiatives in the United Kingdom. Much of the emphasis has been on the implementation of mandatory Alternative Dispute Resolution (ADR) processes. While critiquing the 'gatekeeping' role of ADR processes in this context, this article contends that the engagement by human rights and other agencies, and the advice and assistance made available to individuals, is of equal importance in facilitating the resolution of employment discrimination complaints."
Paper
The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.