Navigating the Efficacy of Arbitration as a Tool for Resolving Employment Disputes in Nigeria: Lessons from South Africa

Abstract

Disputes are inevitable in human interactions and relationships. They occur in every aspect of life, regardless of the situation or relationship. The workplace is no exception. One well-recognised and popular dispute resolution model often adopted in the workplace, apart from litigation, is arbitration. Arbitration is preferred for its less formal nature and the benefit of having a binding and enforceable award. This article examines the nature of arbitration, the employer–employee relationship, arbitration as a dispute resolution process in Nigeria and South Africa, and the lessons learned from South Africa. It also considers the efficacy of arbitration
as a mechanism for resolving disputes in Nigeria and South Africa. Additionally, it explores how arbitration can be effectively utilised and institutionalised in Nigeria’s employment dispute resolution process by evaluating South Africa’s experience, particularly through the activities of the Commission for Conciliation, Mediation and Arbitration (CCMA). The article employs a doctrinal research methodology. It finds that South Africa has robust provisions for arbitration that could be replicated in Nigeria. In conclusion, the article asserts that arbitration is an effective model for resolving employment disputes and serves as a viable alternative to court proceedings or litigation. It recommends the effective use of arbitration to resolve employment disputes in Nigeria.