The key objective of the delegation was to learn and to share experiences on dispute settlement mechanisms and institutions in Nepal, Cambodia and Australia.
The delegation was exposed to the structure, rules and operations of a high quality dispute resolution body in Cambodia and Australia. The delegation expressed a clear need for, and a commitment to try to establish, a similar body or bodies in Nepal. The Secretary suggested that the easiest first step in this regard would be to insert a brief article into the draft labour code authorizing the government to establish them. The details would then be filled in with lower level regulations.
In Cambodia, the delegation learned about the structure, functions and procedures of the Arbitration Council; the nomination, appointment and selection of arbitrators; how arbitral panels are formed; the use of pre-arbitral conciliation; the distinction between binding and non-binding awards, and how awards are enforced; the structure of written awards; how the AC treats rights vs interest disputes, and the role of the "most representative" union in interest disputes.
In Australia, the delegation was hosted by Commissioner Michael Gay, and also met with Deputy President Greg Smith and President Ian Ross. The delegation also had an opportunity to observe a hearing. Commissioner Gay explained the history and evolution of FWA, the selection, appointment and tenure of the commissioners, and the procedures of conciliation and arbitration.
President Ian Ross stated FWA's desire to have an Memorandum of Understanding (MOU) with the Nepal's Ministry of Labour and Employment and any dispute resolution institution that may be developed in the future. The Secretary thanked him for the offer and indicated that he would raise this with the Minister. A meeting was arranged with Justice Mordecai Bromberg of the Federal Court, who had earlier carried out some work in Nepal on behalf of the ILO, on labour law reform and on dispute resolution.
A meeting was arranged with Justice Mordecai Bromberg of the Federal Court, who had earlier carried out some work in Nepal on behalf of the ILO, on labour law reform and on dispute resolution.
For further information please contact:
Mr Saloman Rajbanshi
ILO Country Office for Nepal
Tel: +977 1 5550691 ext 113
Fax: +977 1 5550714