肯尼亚工会采用替代性争议解决机制的预期利益影响

Fatuma Ahmed Khmis, Mary Ibua, Matata Kilungu, Damaris Monari
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引用次数: 0

摘要

非诉讼纠纷解决方式(ADR)是法庭诉讼之外的纠纷解决方法。根据肯尼亚最高宪法,和解、调解、仲裁和传统争端解决方式都是公认的 ADR 机制。因此,为了在法庭之外解决争端,如仲裁或调解,ADR 机制就开始发挥作用。工会是雇员协会,其唯一职责是通过集体谈判为雇员争取更好的工作条件和社会地位。工会的做法对组织绩效既有建设性,也有破坏性。(Kariuki,2018 年)。在肯尼亚,2010 年宪法颁布后,第 159(2)(C)条正式承认了替代性争议解决机制(ADR)。该条款规定,法院应以促进 ADR 的必要性为指导。由于解决员工投诉方面的延误导致组织绩效不佳,以及各机构未能充分执行《集体谈判协议》,因此有必要推广替代性争议解决机制。肯尼亚的劳资纠纷也在不断增加,例如,大学教职员工、肯尼亚医务人员和其他工会之间的纠纷和罢工十分猖獗。本研究的目的是确定肯尼亚工会在采用替代性争议解决机制过程中感知到的利益的影响。这项研究是在肯尼亚全国教师工会联盟进行的。从理论上讲,该研究以理性行动理论(TRA)和社会影响理论(SIT)为基础。研究发现,感知到的利益对肯尼亚工会采用替代性争议解决机制有重大影响。研究得出结论,需要制定一份政策文件,启发和指导工会官员采用替代性争议解决机制来解决劳资纠纷。研究发现,一些受访者对肯尼亚工会采用替代性争议解决机制知之甚少或一无所知。研究建议工会在解决劳资纠纷时采用替代性争议解决机制,确保各组织更多地了解采用替代性争议解决机制的好处,制定有关替代性争议解决机制方向的政策,以及投资于有关采用替代性争议解决机制的正确知识,以促进肯尼亚工会采用替代性争议解决机制。本研究还为进一步研究提出了建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Influence of Perceived Benefits on the Adoption of Alternate Dispute Resolution Mechanisms by Trade Unions in Kenya
Alternative Dispute Resolution (ADR) are the methods of dispute resolution other than courtroom litigation. Reconciliation, mediation, arbitration, and traditional dispute settlement are all recognized ADR mechanisms under Kenya's constitution which is supreme. ADR mechanisms thus come into play in order to resolve disputes outside of court, such as arbitration or mediation. Trade Unions are associations of employees with the sole responsibility of negotiating for better conditions of work as well as social positions of employees through collective bargaining. Their approach can also be both constructive and destructive to organizational performance. (Kariuki, 2018). In Kenya, Alternative dispute resolution (ADR) mechanisms were formally recognized after the promulgation of the constitution in 2010 under Article 159(2)(C). The article prescribed that courts should be guided by the need to promote ADR. This was necessitated by delays in the resolution of employee complaints leading to poor organizational performance and failure by institutions to fully implement Collective Bargaining Agreements. There has also been a steady rise in labor disputes in Kenya, for instance, the rampant disputes and strikes witnessed from Universities Academic Staff, Kenya Medical practitioners and other unions. The study objective was to determine the influence of perceived benefits in the adoption of ADR mechanism by Trade Unions in Kenya. The study was done at Kenya National Union of Teacher Union in Kenya. Theoretically, the study was anchored on Reason Action Theory (TRA) and Social Influence Theory (SIT). The study found out that perceived benefits significantly influence adoption of ADR mechanisms in Trade Unions in Kenya. The study concluded that a policy document needs to be put in place to enlightened and guide the Trade Unions Officials on the adoption of ADR mechanisms in resolving industrial disputes. Since it was observed some respondents had less or no knowledge on the adoption of ADR by Trade Unions in Kenya. The study recommends Trade Unions should adopt the use of ADR mechanisms in resolving industrial disputes, ensure organizations are given more knowledge on the benefits of adopting ADR mechanisms, create policies on direction of ADR mechanisms, as well as investing in the right knowledge on adoption of ADR mechanisms to boost on adopting ADR mechanisms by Trade unions in Kenya. The study also gives suggestions for further research.  
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