Equal Employment Disputes: ADR and the Role of the Equal Treatment Authority
pages 253 - 270
ABSTRACT:

The settlement of employment disputes is a recurring problem in labour law. Such disputes tend to be either debates on collective interests which do not reach the level of litigations or litigations forming the base of judicial proceedings. It is almost impossible to find a ‘correct’ or at least an appropriate legal solution. The subject of this paper is one of the most problematic fields of this sphere of cases, namely, the employee’s fundamental right to equality. To explore this subject, I will analyze legal disputes which originated from employment discrimination. In connection with discrimination cases it also is necessary to address the Equal Treatment Authority, a Hungarian independent administrative body, since it has a special role in this system. This role exists because the Equal Treatment Authority is not a court, nor is it the venue of alternative methods of dispute resolutions. Rather it is an independent administrative body whose exclusive scope is to judge employees’ discrimination claims. This study examines the main questions of discrimination cases by interpreting concrete cases and comparing them with the effectiveness of the courts’ method. In this comparison, there is an emphasis on the most typical cases as well as the cases which are the most difficult to resolve. Finally, I try to answer the question of whether this independent authority can be the real and effective venue of resolving employment legal disputes, instead of or alongside the judicial enforcement of claims.

keywords
due process
conflicts of interests
discrimination
employment law
enforcement
EU law
equal treatment
Equal Treatment Authority
Court of Justice of the European Union
fundamental human rights
independence
judicial review
labour court
labour law
settlement
about the authors

Dr. Márton Leó Zaccaria (Assistant Lecturer, University of Debrecen, Faculty of Law, Department of Agricultural Law, Environmental Law and Labour Law) graduated from the University of Debrecen Faculty of Law in 2010 as a jurist. After his studies he immediately started work at the Faculty of Law in Debrecen as a full-time PhD student in the field of labour law. He has already published several independent publications in Hungarian and in English mostly in connection with equal employment but in connection with other topics as well. Since 1st September he has worked as an assistant lecturer. He became a member of the Hungarian EU OSH (occupational safety and workplace health) research group this April, and he is also member of the Hungarian Labour Law Association.

e-mail: zaccaria.marton@law.unideb.hu