Influence of Perceived Benefits on the Adoption of Alternate Dispute Resolution Mechanisms by Trade Unions in Kenya
DOI:
https://doi.org/10.61250/ssmj/v1.i2.2Keywords:
Alternative Disputes Resolution Mechanism, Trade Unions, Workplace grievances, Perceived BenefitsAbstract
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.
References
Abenga, E. B. (2021). Reforming the Approach to Alternative Dispute Resolution in Kenyan Industrial Disputes [Master's thesis]. Unpublished University of Nairobi Master's Thesis.
Ali, M., & Geng, L. L. (2019). Alternative dispute resolution (Adr) in Pakistan: The role of lawyers in mediation procedure. International Journal of Research, 6(04), 421-430.
Amandong, M. E. (2020). Alternative Dispute Resolution (ADR) Hybrid in Cameroon as a Form of Legal Protection for Consumers of Defective Products. Brawijaya Law Journal,, 8(1). DOI: https://doi.org/10.21776/ub.blj.2021.008.01.04
Anggraeni, A. (2020). Penal mediation as alternative dispute resolution: A criminal law reform in Indonesia. Journal of Law and Legal Reform, 1(2), 369-380. DOI: https://doi.org/10.15294/jllr.v1i2.35409
Asunah, B. (2020). Application of ADR Mechanism in the Nandi-Luo Communities Border. Nairobi: University of Nairobi.
Ayupp, K. &. (2020). Alternative Dispute Resolution (ADR) from the Perspective of Line Managers in the Malaysian Timber Industry. International Journal of Academic Research in Business and Social Sciences,, 7(11), 22-69. DOI: https://doi.org/10.6007/IJARBSS/v7-i11/3462
Bhanot, M. (2012). Challenges to Regional Security in South Asia: A New Perspective.
Bharadwaj, K. P. (2021). Alternative Dispute Resolution in Criminal Justice System. . Turkish Journal of Computer and Mathematics Education (TURCOMAT),, 12(7), 1289 - 1294. DOI: https://doi.org/10.17762/turcomat.v12i2.1810
Ele, A. A., & Auquasama, A. V. (2020). Effect of Alternative Dispute Resolution Dimensions on Employees’ Performance in Nigeria Work Organizations: A Theoretical Perspective. American International Journal of Business and Management Studies, 2(2), 28-40. DOI: https://doi.org/10.46545/aijbms.v2i2.223
Garner, R. &. (2019). Civilization and Economy. The Blackwell Encyclopedia of Sociology.
Gathumbi, G. K. (2018). Alternative Dispute Resolution Mechanisms as a Tool for Dispute Settlement in the Devolved Governance System in Kenya (Doctoral dissertation, University of Nairobi).
Government of Kenya. (2010). Constiitution of Kenya. Nairobi: Government of Kenya Printer.
Haq, N. M. (2021). Effectiveness of Arbitration as an Alternative Dispute Resolution in Bangladesh. 2(1), 15-40. The Journal of Politics, 2(1), 15- 40. DOI: https://doi.org/10.24815/gaspol.v2i1.20876
Ibrahim, Y. K. (2021). Working Capital Management and Business Performance. . Nigerian Journal of Marketing, , 7(1), 291-299.
Kamer, L. (2022). Number of Labour Strikes in Kenya between 2016 - 2020. Research Lead Covering Africa, 24- 25.
Kariuki, M. (2018). Utilizing Alternative Dispute Resolution Mechanism to Manage Commercial Disputes. . Nairobi Centre for International Arbitration,, 1(1).
Kathpalia, A. &. (2020). COST Implications of Delays in Dispute Resolution in Construction Projects of Indian Public Sector. 2(2). (Vol. 2). Government of India,.
Katema, R., & Hapunda, G. (2024). Factors Affecting Utilization of Employee Assistance Program: A Case Study of ABSA Bank Zambia. African Journal of Commercial Studies, 4(4), 278-288. DOI: https://doi.org/10.59413/ajocs/v4.i4.3
Keli, J. Examination of Conciliation as an Alternative Dispute Resolution Mechanism. Alternative Dispute Resolution, 141.
Meadow, C. M. (2016). The history and development of alternative dispute resolution. Volkerrechtsblog.
Midiwo, J. (2016). Influence of Human Resource Information Systems on the Performance in Kenyan Public Universities (Doctoral dissertation, Jomo Kenyatta University of Agriculture and Technology).
Mucheru, N. (2019). The Adoption of Alternative Dispute Resolution in Kenyan Tax Disputes . Nairobi: University of Nairobi.
Muigua, K. (2020). Alternative Dispute Resolution and Article of 159 of the Constitution. Nairobi: University of Nairobi.
Nyamasi, I. (2021). Awareness,Perception and Uptake of ADR in Kenya. Nairobi: Nairobi Centre for International Arbitration.
Nyambura, G. M. (2013). The influence of use of social media on customer satisfaction: A case of Safaricom call center, Nairobi county, Kenya (Doctoral dissertation, University of Nairobi,).
Oyuga, P. A. (2017). Perceived Factors Influencing Performance of Kenya Union of Post Primary Education Teachers Union Officials in Dispute Resolution in Kisumu County, Kenya (Doctoral dissertation, University of Nairobi).
Saunders, M. N. (2019). Research Methods for Business Studies (8th ed., pp. ). . London: Pearson Education.
Schneider, B. &. (2021). Managing a Conflict: Optimal Alternative Dispute Resolution. Journal of Economics, 415-445. DOI: https://doi.org/10.1111/1756-2171.12374
Shadrack Mutungi Simon, M. B. (2021). An Evaluation of the Oganizational Performance of Local Contracts in Kenya. East African Journal of Engineering, 46-66. DOI: https://doi.org/10.37284/eaje.3.1.289
Teff-Seker, Y. M. (2020). Do Alternative Dispute Resolution (ADR) and Track Two Processes Support Transboundary Marine Conservation? Lessons From Six Case Studies of Maritime Disputes. Police and Practice Reviews Articles, 15(1), 161-180. DOI: https://doi.org/10.3389/fmars.2020.593265
Theuri, S. M. (2015). Strategic Management Determinants of Value Addition of Industrial Fish Processors in the Sea Food Processing Sub-Chain in Kenya . Nairobi: Unpublished PhD Thesis. JKUAT.
Downloads
Published
Issue
Section
License
Copyright (c) 2024 SOUTH SAHARA MULTIDISCIPLINARY JOURNAL
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.