ADR in employment disputes: Considering common law vis-a-vis islamic law principles

Abstract

Employment disputes are the prevailing norm in any society or economy. Conflict occurs when there is tension or problems between employers and employees whether driven by trade unions or individuals. The conflict at times results in a dismissal of workers and ends up in courts or tribunals. Employment disputes can be resolved a variety of ways such as through the courts or by way of arbitration, conciliation and mediation. This study examines these three methods from the perspectives of common law and Islam. Islam has indeed contributed greatly to the use of these three methods in resolving disputes. © Medwell Journals, 2011.