Mediation of Employment Cases in the Seychelles (original) (raw)

Mediation has only recently been recognised as an effective mainstream dispute resolution mechanism but its use dates back centuries:[1] "The Hindu villages of India [have] traditionally engaged the panchayat justice system, … In traditional African societies, respected notables were often called to mediate disputes between neighbours, and Islamic traditional pastoral societies in the Middle East also established mediation methodologies. In the Jewish culture, a form of mediation was, in Biblical Times, practised by both religious and political leaders …" The Seychelles imported mediation as a means to resolve disputes in the employment situation with the introduction of section 61(1A)-(1E) of the Employment Act 1995. Section 61(1A)-(1E) introduces the necessity to register a grievance with the Ministry of Employment followed by compulsorily engaging in a mediation/negotiation process mediated by a Competent Officer. If there is a failure to resolve a problem through mediation the resulting case is heard by the Employment Tribunal set up under the same Act. This was, however, not always the case in practice as the Employment Tribunal was only created in 2008. This essay will comment on this amendment, that is, section 61(1A)-(1E), and on whether the Executive, through the Ministry of Labour, should be involved with dispute resolution in employment cases. Section 61 of the Employment Act An extract from section 61 is set out below: (1A) Where a worker or employer has registered a grievance, the Competent Officer shall endeavour to bring a settlement of the grievance by mediation. (1B) A Competent Officer in mediating a settlement, shall draw up a mediation agreement which shall be signed by the parties and be presented to the Tribunal for endorsement as a form of judgment by consent. (Emphasis the author's) (1C) If a party breaches the mediation agreement or any part thereof, the agreement shall be enforced by the Tribunal. (1D) If the Competent Officer is unsuccessful in the mediation he shall issue a certificate to the parties as evidence that mediation steps have been undergone by such parties.

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