National Rugby League Negotiations case study

Document Type:Case Study

Subject Area:Law

Document 1

National Rugby League referees and all the unions involved in hiring and monitoring the conduct of referees, therefore, they should clearly put down regulations. With clearly stated rules and protocols, unfair dismissal of a referee could be avoided. Fair pay, contract terms, promotion, reimbursement of injury costs and medical treatment could also be avoided. This is because every referee could know when his term is over and which offenses if committed would warrant an immediate dismissal or any other form of punishment Unions that govern referees can be put in place to see if they are in their best behavior. These unions can also negotiate for fair payment deals for the referees and also present their plight to governments and sports associations.

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Radicals believe that there should always be conflict among workers until they gain power, therefore the referees should strike until their problems are taken care of. They should not consider backing out regardless of the situations. They also view unions as very important a part of them and the government is not neutral but have the purpose of providing capital and part of the capitalist power. Q3 Statutory laws are laws set up by the legislation and are written down in legal books. From the excerpt, an example of statutory law can include the Fair Work Act that gives the commission the mandate to give a go-ahead for the ballot. Q5 The fair work commission carries out a test to determine whether a dismissal of an employee is fair or unfair.

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Section 587 provides for regulations that protect the employee from harsh and unfair dismissal. Some of the considerations that the FWC can make to determine if the dismissal of Mr. James was unreasonable include, if there was any valid reason for dismissal in relation to Mr. James' capacity or conduct or even the effect on and safety of other employees. This is where the referees and the NRL officials would have met with one or more third parties. The arbitrator would have then listened to the claims made by both parties and then would have considered proof made by both parties. After that, the arbitrator would have issued a decision that is legally binding to both parties. For example, the NRL would have been told to reinstate Mr.

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James and all the damages done paid for or all the referees get a pay rise when the players get the rise according to the job group and job description. For example, the Professional Rugby League Match officials have teamed up with other unions NWS in pursuit of an enterprise agreement under the Fair Work Act, which would open the way for possible unfair dismissal claims. Q8: Mediation could also be a solution to solving the NRL conflicts. Conflicts such as equity in payment and unfair dismissal can be easily mediated as they are situations that can be arbitrated. As a mediator, there are several methods that can be used in mediation as a way of solving conflicts. These include; Facilitative mediation, evaluative mediation, and transformative mediation.

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