A Model of Arbitral Decision Making: Facts, Weights, and Decision Elements

Nelson, Nels E.; Kim, Sung Min

doi:10.1111/j.1468-232x.2008.00520.x

Cited by 3 publications

(3 citation statements)

References 22 publications

(17 reference statements)

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“…With this principle in mind, less experienced arbitrators could be erring on the side of caution and supporting the less empowered employee. As arbitrators determine more claims, presumably their expertise would develop across several fronts: their knowledge of the legislative intricacies, their awareness of the decisions made by their colleagues and, as suggested by Nelson and Kim (2008), their ability to detect whether someone is telling the truth. Over time, we could expect that arbitrators would become more adept at balancing the rights of the worker against the economic considerations for the employer's business and be more certain about upholding a dismissal with punitive consequences for the worker.…”

Section: Discussionmentioning

confidence: 99%

“…The Australian research by Chelliah and D'Netto (2006) showed that theft and fraud were significantly related to decisions that supported the employer's choice to dismiss the worker, although being absent without permission, insubordination and alcohol-related offences were insignificant in influencing the arbitration decision. Nelson and Kim (2008) concluded that drinking in the workplace was significantly related to findings favouring the employer, if the arbitrator believed the worker's on the job performance had been implicated. Alcohol consumption in the workplace was also used as the test case in Bigoness and DuBose's (1985, p. 489) US study which revealed that "mock" arbitrators viewed the alleged offence as "a serious offence warranting stern punishment".…”

Section: Research Findings On the Influence Of Misbehaviour On Unfair Dismissal Decisionsmentioning

confidence: 99%

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To fight, sabotage or steal: are all forms of employee misbehaviour created equal?

Southey

2016

IJM

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Purpose The endless manifestation of employee misbehaviours can be classified according to Robinson and Bennett’s (1995) employee deviance typology. Using this typology, the purpose of this paper is to examine the level of “judicial” tolerance for offences committed by employees across Australian workplaces that culminated in an arbitration hearing before the country’s federal industrial tribunal. Design/methodology/approach A content analysis was performed on 565 misbehaviour related, unfair dismissal arbitration decisions made by Australia’s federal industrial tribunal between July 2000 and July 2010. Using the count data that resulted, a logistic regression model was developed to determine which unfair dismissal claim characteristics influenced whether or not a dismissal was deemed to be an appropriate course of disciplinary action. Findings The results suggest that an arbitrator’s gender, experience and background have influence on his or her decision. Significance tests also verified that personal aggression, production deviance, political deviance and property deviance were all considered unacceptable in Australian workplaces. Importantly, the results enable the ordering of the range of tolerance. From this ordering, a picture emerged as to what factor may be framing the extremities of the arbitrators’ tolerance for the misbehaviours: the target (or victim) of the behaviour. Research limitations/implications Unfair dismissal claims that are settled through private conciliation, as they occur off the public record, could not be included in the analysis. Practical implications Society’s implicit stakeholder interest in what constitutes appropriate workplace behaviour is further testament to the HRM obligation to facilitate sustainable workforces. Management should consider whether dismissing a misbehaving employee is a reactionary approach to broader organisational issues associated with employee well-being and cultural norms. In order to contribute to sustainable workforces, HRM policies and actions should focus on limiting triggers that drive misbehaviour, particularly behaviours that result in harm to individuals as a matter of priority, followed closely by triggers to behaviours that result in harm to organisational profitability. Originality/value This paper presents new insights about the degrees to which various forms of employee misbehaviour are accepted in the workplace.

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Section: Discussionmentioning

confidence: 99%

Section: Research Findings On the Influence Of Misbehaviour On Unfair Dismissal Decisionsmentioning

confidence: 99%

To fight, sabotage or steal: are all forms of employee misbehaviour created equal?

Southey

2016

IJM

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“…To determine the intervals of age, we relied primarily on the literature review, which points to the importance of intervals in the middle age range of the arbitrators (50 to 65 years old). More specifically, Nelson and et Kim (2008) mention that in the United States, the average age of arbitrators is more than 50 years because most of them start their professional career in their middle age and remain active until they are in their 70s. In our study, the average arbitrators' age is 57 and the median is 58 meaning that half of cases are older than 58.…”

Section: Variables and Research Questionsmentioning

confidence: 99%

The effects of the socio‐demographic factors on judgement building in arbitration

Jafary,

Carrière

2024

Industrial Relations Journal

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This study examines how the socio‐demographic characteristics of arbitrators and of plaintiffs affect arbitrators' judgement bases for arbitration decisions. Two research questions are tested quantitatively based on a data set of arbitration decisions in the Canadian university sector collected from the website of the Canadian Legal Information Institute. We created two models of independent variables related to the socio‐demographic characteristics of arbitrators and plaintiffs. Multinomial logistic regression is used to examine the possible impacts of these variables on the justifications used by arbitrators to explain their decisions. The results indicate that both models significantly influence how arbitrators justify their arbitral decisions. The following variables significantly contribute to the models: arbitrator's age, arbitrator's professional experience in management, plaintiff's gender, and support of the plaintiff by a collective entity (union or association). Young arbitrators are more likely to use “laws” and those who have professional experience in management tend to cite “evidence” to justify their arbitral decisions. Also, arbitrators are more likely to use “evidence” as their judgement basis for male plaintiffs who are supported by a collective entity. The details of these findings, limitations of the study, and future directions for research are further discussed.

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Les effets des caractéristiques démographiques des arbitres sur les sentences arbitrales dans le secteur universitaire canadien

Jafary¹,

Carrière

2022

Relations industrielles / Industrial Relations

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A Model of Arbitral Decision Making: Facts, Weights, and Decision Elements

Cited by 3 publications

References 22 publications

To fight, sabotage or steal: are all forms of employee misbehaviour created equal?

To fight, sabotage or steal: are all forms of employee misbehaviour created equal?

The effects of the socio‐demographic factors on judgement building in arbitration

Les effets des caractéristiques démographiques des arbitres sur les sentences arbitrales dans le secteur universitaire canadien

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