Labour and Arbitration Act in the 21st Century: Protecting and Promoting Freedom of Workers.

Abstract:

This paper explores the Labour and Arbitration Act's role in protecting and promoting workers' rights in the 21st century, considering economic shifts, technological advancements, and evolving employment patterns. It examines the effectiveness of arbitration as an alternative dispute resolution (ADR) mechanism within the context of employment relations, focusing on its potential to balance power between employers and workers. Employing a mixed-methods approach that includes statutory analysis, case studies, and qualitative interviews with legal experts and trade union representatives, the paper identifies both strengths and limitations in the current arbitration framework. Findings highlight that while arbitration is valued for its cost-effectiveness and speed compared to court litigation, significant challenges remain, such as power imbalances, lack of transparency, and limited worker representation. These issues often result in biased outcomes favoring employers, particularly in sectors with low union presence. The paper calls for legislative reforms to ensure impartial arbitration, enhance worker representation, and increase transparency. Recommendations include independent oversight of arbitration processes and policy adjustments to align national practices with international labour standards, aiming to safeguard workers' rights effectively in a changing global workforce.