- Title
- The role of the CCMA and bargaining councils in labour dispute resolution
- Creator
- Mkalipi, Thembinkosi
- Subject
- South Africa -- Commission for Conciliation, Mediation, and Arbitration
- Subject
- Dispute resolution (Law) -- South Africa Arbitration, Industrial -- South Africa Collective bargaining -- South Africa
- Date Issued
- 2018
- Date
- 2018
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/32182
- Identifier
- vital:31977
- Description
- A feature of collective bargaining is that it has a habit of ending in deadlock. However, in the event of a dispute, an aggrieved party is not free to call an immediate strike or lockout. The Labour Relations Act of 1956 and the Labour Relations Act of 1995 (“the LRA”) provided for a strict procedure to be followed in an event of a dispute. The law before 1995 regarded industrial action in the case of a dispute that did not follow the procedure as an illegal act attracting criminal sanction. The law then distinguished between a dispute of right and a dispute of interest. Like many countries, South Africa, has a very violent history regarding the resolution of labour disputes. This is illustrated by the force and brutality that was used to solve the 1913 white miners’ strike after martial law was declared. The reaction of the employers and the state was more brutal. The same violence and brutality were applied in the 1914 railway-workers strike and the 1946 African workers strike. The most important purpose of labour law is to ensure labour peace will prevail in the labour market and to regulate relations between employer and employee. Labour peace ensures that the economy functions effectively and if this happens, society at large benefits greatly. In Chapter 1 of the LRA one of the purposes of the LRA is stated as: “the effective resolution of labour disputes.” This section is intended to give effect section 23(1) of the Constitution, which provide that, ‘‘everyone has the right to fair labour practices’’1. This treatise will analyse the role of the Commission for Conciliation, Mediation and Arbitration (the CCMA) in dispute resolution; its functions and jurisdiction, ensure labour peace and whether the dispute resolution system provided in the law and implemented by the different dispute resolution institutions have succeeded to advance Constitution of the Republic of South Africa Act 108 [1996]. Economic development, social justice, labour peace and the democratisation of the workplace to fulfil the purpose of the LRA. Under the previous Labour Relations Act2 (the “1956 LRA”) disputes were resolved through three main institutions namely, Conciliation Boards, Industrial Councils and the Industrial Court3. A Conciliation Board was on ad hoc - body established by the Minister of Manpower on application by any one of the parties in dispute. There was no requirement for an agreement between the disputing parties to apply for the establishment of a Conciliation Board. Either party could approach the Minister for its establishment. This application could be made on the workers side by one or more registered trade unions, one or more employees, or one or more registered trade unions. On the employer’s side, the application can be made by one or more registered employers’ organisations or, one or more employers.
- Format
- 66 leaves
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
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| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | THEMBINKOSI MKALIPI.pdf | 958 KB | Adobe Acrobat PDF | View Details Download |