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"Disputes of right", is where people or groups are entitled by law, by contract, by previous agreement or by established practice to certain rights. Disputes of right will focus on conflict issues such as employment contracts, legally enforceable matters or unilateral changes in accepted or customary practices. A dispute of rights is, therefore, usually settled by legal decision or arbitration and not by negotiation.

whereas

"Disputes of interest", is where the conflict may be a matter of opinion, such as where a person or group is entitled to some resources or privileges (such as access to property, better working conditions, etc). Because there is no established law or right, a dispute of interest will usually be solved through collective bargaining or negotiation.

by T.Musenyereki (Zimbabwe)

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Q: Explain differences between dispute of interest and dispute of rights?
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What is the difference between a dispute of rights and dispute of interest?

In case of dispute of right the bargaining council of CCMA will concider whether the dispute concerns the application or interpretation of existing right and whether the dispute is about the enforcement of a right in terms of a contract of employment A dispute of interest relates to proposals for the creation of new rights and is merely about remuneration. Such disputes relate to the new or better terms and conditions of employment and remuneration


Difference between dispute of right and dispute of interest?

Dispute of rights occur when there is a voilation of an actuall entitle or obligation as set out in contracts of employment, collective agreements, or in the various oieces of legislation, as well as regulation governing the employment relationship. Whiles dispute of interest might arise when a party to the employment relationship feels that they should be , but not yet, entitled to something.should entitkement arise, however, after subsequent negotiations, then the interest becomes a right.


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It depends upon the result of the dispute. if the liability to pay tax is confirmed on an appeal, interest accurues even during the period when the liability is in dispute. Because the liability to pay is there before the dispute and after the dispute. If the liability is deleted on an appeal, there is no liability to pay tax before the appeal and after the appeal. When there is no liability there is no interest there upon.


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