- Title
- South African labour law and conflict resolution: towards a theoretical critique
- Creator
- Jooste, Nico
- Subject
- Labor disputes -- South Africa
- Subject
- Conflict management -- South Africa
- Subject
- Mediation -- South Africa
- Subject
- Labor laws and legislation -- South Africa
- Date Issued
- 2016
- Date
- 2016
- Type
- Thesis
- Type
- Masters
- Type
- MPhil
- Identifier
- http://hdl.handle.net/10948/7417
- Identifier
- vital:21357
- Description
- The intention of this treatise is to reflect on the concept, as well as on the theory, of conflict resolution and to investigate whether the mechanisms of true conflict resolution are afforded within the structures and instruments provided for by the South African Labour Relations Act (66 of 1995). The Act aims to give effect to one of its primary purpose of advancing labour peace by attempting to promote the effective resolution of labour disputes through a very sophisticated system of dispute resolution. What is of great significance is that The Commission for Conciliation, Mediation and Arbitration (CCMA) has been experiencing an increasingly high rate of disputes referred to it since its inception in 1996. In my review I established that the dispute resolution system is a construction of rules and statutes which concentrates on rights, rather than on conflict management. However, rights only imperfectly reflect basic human needs, which continue to dominate human behaviour mechanisms that indeed facilitate processes and guidelines of resolving labour disputes, but fail to acknowledge and make provision for the resolution of a latent or manifest conflict. The instruments afforded by the Labour Relations Act (66 of 1995) fail to explore and entertain the needs most relevant and significant to the perception of social conflicts such as security, identity, personal development and recognition as suggested by conflict theorists and scholars. It also fails to acknowledge that parties to a dispute undergo psychological changes that could flow over to community changes and group dynamics as the parties become polarised and become more contentious as the conflict escalates. My review gave more substance to my original assumption that the current South African labour dispute resolution system does not harmonize itself with its own objective of promoting true labour peace.
- Format
- 162 leaves
- Format
- Publisher
- Nelson Mandela Metropolitan University
- Publisher
- Faculty of Arts
- Language
- English
- Rights
- Nelson Mandela Metropolitan University
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