Evaluation of Particular Dispute Resolution Process

You must choose two Canadian employers, and write an analysis of their employment dispute resolution systems. One of the employers should be unionized, and one should be non-unionized. You must provide a thorough description of the design elements of the dispute resolution processes/systems. This might contain such information such as how a person can file a grievance or complaint, how the matter is investigated, who has authority to settle the dispute, whether there is use of external neutrals to assist in resolving the dispute, whether there is an opportunity to have the dispute adjudicated, whether there are formal rules about deadlines, whether the rules place constraints on the types of remedies that might be available, etc. It makes obvious sense in choosing the employers whose processes you are analyzing to choose ones for which you can find a reasonable amount of information about those processes. For unionized workplaces this tends to be relatively easy, because most of the elements of dispute resolution processes are set out in collective agreements. Negotech, a searchable database of collective agreements, is maintained by Human Resources and Skills Development Canada at http://negotech.labour.gc.ca/cgi-bin/search/negotech/search.aspx. Collective agreements may also be posted on union or employer websites. Please try to use Canadian collective agreements that are currently in effect. For non-unionized employers, the degree of documentation may vary, but there are likely to be some that make their employment policies, procedures and handbooks publicly available.
If the description on which you rely is available publicly online, please ensure that you provide a hypertext link to the documentation so that anybody reviewing your paper can easily check the documentation. If you rely on documentation that is not available online, then please include a scanned copy of the relevant documentation establishing the process/system as an appendix to your essay.

In assessing two systems, you should also engage in a comparative review, highlighting how the two systems are similar and different, and commenting on the strengths and weaknesses of each of the systems. It would be a good idea to come to a conclusion to which of the two processes or systems you believe to be the better one, and why.

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In addition to describing the processes/systems, you must engage in a thorough evaluation of the systems. This evaluation will require you to identify the features of employment dispute resolution design that you consider to be important, and to assess the extent to which the process/design you are evaluating meets or are likely to meet expectations. There may be some elements of the process/designs that you may not be able to evaluate, but you should identify what additional information might be necessary to complete a full evaluation and how one might go about gathering that data. (You are not expected to do empirical research but may rely on any publicly available empirical data to assist in your evaluation). In identifying employment dispute resolution design features that you consider to be important, it is expected that you will draw extensively on assigned readings throughout the term, but you are not limited to that material. You may and indeed are encouraged to do such additional research and draw on such additional material as you consider appropriate.

Citations to relevant cases, statutory provisions, articles, books, government documents, collective agreements, employer handbooks, etc. should be provided in footnotes at the bottom of the page. There should also be a bibliography of all sources relied upon in writing the submission, appended to the end of the document.

Recommended length: 3000 words.

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1. The assignment must be word processed, double spaced, designed for 8 1/2″ x 11″ paper with one inch margins. Please use a 11 or 12 point, proportionally spaced font. Please use either Word, or Rich Text Format. Please do not submit a PDF file or an Apple pages file.

2. On the cover sheet, specify that this is the Individual Assignment for LAWS 4402 Employment Dispute Resolution. Be sure to include the Instructor’s name on the cover sheet. Put your name and your student number. Be sure to keep a back-up copy of the assignment, in the event that something goes awry and your assignment is lost.

3. Any cases, articles, statutes, texts, etc. that you rely on should be properly documented, in footnotes at the bottom of the page. Please follow the Canadian Guide to Uniform Legal Citation. A library guide to using Uniform Legal Citation is available at http://www.library.carleton.ca/sites/default/files/help/writing-citing/uniform_legal_style.pdf

4. You are expected to use gender appropriate language at all times. For example, when talking about employees in a generic fashion, do not write: “he has a right to freedom of association”. This can often be avoided by using the plural form: “They have a right to freedom of association” or by some other appropriate strategy. Do not refer to the employer as “he” unless the employer clearly is an individual male. In most cases the employer is likely to be a corporate entity that can be referred to as “it”.

5. Academic Integrity: You are reminded that it is an instructional offence for a student to copy the work of another student or to submit work that is not your own. Be sure to document the sources on which you rely for your information and your ideas. Be sure to use quotation marks around any words that are directly copied from another source. You are also not permitted to submit the same or substantially the same work for another course without the instructor’s permission.

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