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INDUSTRIAL DISPUTE RESOLUTION CONFERENCE. International Perspectives Melbourne, Australia 3 October 2007. How CCMA is positioned in the South African Labour Market ,debates and recent developments in dispute resolution in South Africa. Brief Outline.
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INDUSTRIAL DISPUTE RESOLUTION CONFERENCE International Perspectives Melbourne, Australia 3 October 2007
How CCMA is positioned in the South African Labour Market ,debates and recent developments in dispute resolution in South Africa
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
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
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.
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)
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)
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
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
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
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
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
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
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?
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