Labour Dispute Resolution in Relation to Dismissals for
Date
2011-05-10
Authors
Khosa, Eva Dorothy
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Abstract
Disputes between workers and their employers continue to take place in the
country and elsewhere in the world. These disputes cause disruption in
workplaces. The disputes are evident in the different sectors - in small and
large enterprises, and in the public and the private sectors. The State has
established institutions that are responsible for resolving labour disputes, like
the Commission for Conciliation, Mediation and Arbitration (CCMA). This
institution does not only resolves disputes but also prevents them in order to
have harmoniums workplaces. The object of this research is to assess how
the CCMA resolve labour disputes in relation to dismissals for misconduct, by
exploring the management processes and the procedures employed. The
research also compares the processes of labour dispute resolution in South
Africa and in Namibia.
The research concludes that the management of dispute resolution of cases
heard in the CCMA requires an upgrade in the institutional provisions for
managing disputes. The findings of the research require the State and the
CCMA in particular, to find ways of improving the institution’s administrative
processes in a manner that ensures efficient and effective dispute resolution.
The research recommends that the CCMA develop a comprehensive
communication strategy between the institution and its users. There should be
ongoing education and training on labour relations and also the CCMA
processes, to both the CCMA users and the staff of the institution. Ongoing
amendments to labour legislation should be implemented when necessary
and that should be agreed between all role players
Description
MM - P&DM
Keywords
Labour dispute resolution, Commission for Conciliation, Mediation and Arbitration, Dismissals