APPLICABILITY OF ALTERNATIVE DISPUTE RESOLUTION (ADR) IN TERMINATION OF CONTRACT OF EMPLOYMENT DISPUTES: AN EXAMINATION OF NIGERIAN AND SOUTH AFRICAN EMPLOYMENT LAWS

Abstract

ADR refers to a group of voluntary processes that seek to resolve a disagreement other than through court or employment tribunal proceedings. Employee-employer disputes, or even disputes between employees and their co-workers, are unavoidable in the workplace. The goal of any employment conflict resolution system should be to restore healthy employment relations through an effective, efficient, and fair settlement of workplace problems. This research intends to examine the application of ADR in the termination of contract of employment dispute within Nigeria and South African employment laws and aims to examine the application of Alternative Dispute Resolution (ADR) in Termination of Contract of Employment Disputes with focus on employment laws of both jurisdictions. The principal objective of this research is therefore to compare the ADR in termination of contract of employment disputes available in Nigeria and South Africa. The study adopted the doctrinal legal research and the research found that South Africa has a better legal framework on the application of ADR in the termination of contract of employment disputes than the Nigerian jurisdiction. Conclusively, Nigeria and South Africa have distinct legal systems; both countries recognize the importance of ADR in resolving employment disputes swiftly and equitably. This research recommended better integration of ADR into legal frameworks, especially the National Industrial Court.