Compulsory Arbitration
ebook ∣ A tool to enable access to justice in the context of employment disputes involving international organisations · Series on International Arbitration SAA
By Ornella-Wendy Dzomo
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Over the years, international organisations' workforce has evolved and is now composed, in a large part, of individuals who do not hold the status of staff member but are de facto part of a contractual relationship of employment nature with these organisations. As a result, this category of individuals is barred from raising a claim against the organisation because they don't have access to remedies in place for staff members nor do they have access to national courts because of the principles of immunity of jurisdiction. This paper argues that creating an arbitration forum based on the concept of compulsory arbitration for the specific purpose of addressing claims of employment nature involving international organisations will afford a greater protection of the rights of this category of individuals and enable their access to justice.