Presentation is loading. Please wait.

Presentation is loading. Please wait.


Similar presentations

Presentation on theme: "INDUSTRIAL DISPUTE RESOLUTION CONFERENCE"— Presentation transcript:

International Perspectives Melbourne, Australia 3 October 2007

2 How CCMA is positioned in the South African Labour Market ,debates and recent developments in dispute resolution in South Africa

3 Brief Outline Contextualising South African Dispute Resolution
Overview of South African Labour Regulation Glimpse at SA Labour Economy Role and functions of CCMA and approach to those functions Trends in Dispute Resolution Interesting disputes Current policy debates

4 Contextualising the South African Dispute Resolution systems
Pre 1994/divided and slow Industrial relations dispute resolution mechanism/adversarial labour market Importance in post Apartheid Government/Fairness at workplaces Section 23 of the South African Constitution entrenches the right to strike and to fair labour practices Majoritariansim and collectivism paramount, as is self determination in an industry: Bargaining Councils

5 Overview of Workplace regulation in South Africa
All legislation Department of Labour Social Security :Unemployment Insurance Fund Workplace Safety: Occupational Health Act and Compensation Fund Workplace Equality: Employment Equity Act Workplace Skills: Skills Development Act Working Conditions: Basic Conditions of Employment Act, Labour Relations Act Labour Court, under Department of Justice has role in each piece of legislation as a secondary process.

6 South African Economy Unemployment Rate: Official 26% (ILO definition 38.8%) Macro economic policy stable and economy growing Skills shortage Jobs created in vulnerable sectors (mainly not sustainable or short term)

7 Commission for Conciliation, Mediation &Arbitration (CCMA)
Tribunal created under the Labour Relations Act Role is to resolve workplace disputes speedily, cost effectively and ensure social justice, minimum legalities Areas of Jurisdiction: a. Dispute Resolution: Unfair Dismissals (UD), Organisational Rights, Unfair labour practices (ULP), Mutual Interest disputes. b. Dispute Management and Prevention c. Accreditation of Bargaining Councils and private dispute resolution agencies Functions: Publish statistics Information about activities Give advice LABOUR COURT is over site body (Reviews of awards)

8 Dispute Resolution Mediate and Arbitrate cases
Case load is average of 500 cases per day Very specific time frames:30 Days to conciliate; Awards must be rendered in 14 Days Code of good practice on dismissals :Key Guideline Entry point & screening on average 32% screened out

9 Dispute Resolution outcomes
In Unfair dismissals: reinstatement or compensation, by agreement or award (obviously dismissal can be seen as fair) 80% of Cases In Mutual interest matters: Settlement agreement or Strike action Organisational rights: agreement, strike, advisory award In Unfair Labour Practice cases: Settlement or adjudication by the Labour Court

10 How we run the business processes of the CCMA
World class case management system Have processed over 1 million cases in ten years Constantly developing it Bargaining councils are linked or are being linked to it Monitors our performance, analyses our data, and assists in research

11 Conciliations heard outside thirty days, by province

12 Current debates in Industrial Relations
Role of the Labour Court Trade Union Representation Changing nature of the employment relationship Ensuring that all sectors are covered by the protections afforded by the regulatory environment

13 Dispute Prevention and Dispute Management
Two Levels Training and improving user knowledge and use of the agency Reaching and ensuring the community knows of their rights Adequate access, especially in rural communities Workplace democracy

14 Private Security Sector Strike in 2006
1.Nature of the industry Vulnerable Level of organisation of workers Sophistication of Parties. 2.Parties involved 3.External factors Media Call for Government intervention 4.Strike activities

15 Constitutional Challenge to the CCMA
Sidumo v Rustenburg Platinum Mines Three key issues Is the CCMA arbitration process administrative action? Should a commissioner give deference to an employers decision? What is the role of the Labour Courts when reviewing CCMA awards?

16 Debates pertaining specifically to Dispute Resolution
Over proceduralism Process not being used as intended How to stop the flow of cases Commissioner writing to prevent Labour court interference, too legalistic Different and lack of direction from the Labour Court Section 150/Stikes of national interest


Similar presentations

Ads by Google