One in a 100 000: Resolving workplace disputes
By Jessie Taylor South African employees have various options to challenge unfair practices in the workplace, from courts to bargaining councils. One organisation protecting employee rights is the Commission for Conciliation, Mediation and Arbitration (CCMA). The CCMA deals with over 100 000 cases yearly, most relating to allegations of unfairness against employers. Among the issues raised with the CCMA are discrimination, unfair dismissals, retrenchments, the provision of benefits, suspensions, warnings, whistle-blowing and sexual harassment. Around 60% of cases referred to CCMA arbitration are resolved in favour of the employee. The Labour Relations Act makes it very easy for employees to challenge alleged unfair dismissals and other unfair practices at private or statutory dispute resolution forums. Along with private firms, employees often have access to the dispute-resolution arms of bargaining councils and the Labour Court. However, one of the most popular bodies for addressing conflict in the workplace is the CCMA.This is the forum to be used by those industries that do not have their own bargaining councils, such as retail, IT, security, financial services, and others. The CCMA is a statutory body established in terms of Section 112 of the Labour Relations Act, and draws its legislative mandate principally from Section 23 of the Constitution. It is an independent body that neither belongs nor is affiliated with any political party, trade union or business. The CCMA derives its mandate from the purpose of the Act, which is to “advance economic development, social justice, labour peace and the democratisation of the workplace”. The CCMA is mandated to: If you have a labour problem, take steps immediately. In the case of an unfair dismissal dispute, you have only 30 days from the date on which the dispute arose to open a case. With discrimination cases, you have six months. If a party does not comply with the arbitration award, it may be made an order of the Labour Court. The matter will go to the Labour Court instead of arbitration if the dispute relates to multiple retrenchments, strike dismissals, or unfair dismissals. The arbitration or Labour Court hearing would normally take place at a later date. Sources: CCMA | Labour Guide