Equal Employment Disputes: ADR and the Role of the Equal Treatment Authority - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s):

Márton Leó Zaccaria

Page Count:

18 pages

Media Description:

1 PDF Download

Published:

March, 2015

PDF592.28 KB

$40.00

Description:

Preview Page

Abstract | The settlement of employment disputes is a

recurring problem in labour law. Such disputes tend to

be either debates on collective interests which do not

reach the level of litigations or litigations forming the

base of judicial proceedings. It is almost impossible to

find a ‘correct’ or at least an appropriate legal

solution. The subject of this paper is one of the most

problematic fields of this sphere of cases, namely, the

employee’s fundamental right to equality. To explore

this subject, I will analyze legal disputes which

originated from employment discrimination. In

connection with discrimination cases it also is

necessary to address the Equal Treatment Authority, a

Hungarian independent administrative body, since it

has a special role in this system. This role exists

because the Equal Treatment Authority is not a court,

nor is it the venue of alternative methods of dispute

resolutions. Rather it is an independent administrative

body whose exclusive scope is to judge employees’

discrimination claims. This study examines the main

questions of discrimination cases by interpreting

concrete cases and comparing them with the

effectiveness of the courts’ method. In this comparison,

there is an emphasis on the most typical cases as well

as the cases which are the most difficult to resolve.

Finally, I try to answer the question of whether this

independent authority can be the real and effective

venue of resolving employment legal disputes, instead
of or alongside the judicial enforcement of claims.