n Acta Juridica - Labour dispute resolution under the 1995 LRA : problems, pitfalls and potential
|Article Title||Labour dispute resolution under the 1995 LRA : problems, pitfalls and potential|
|© Publisher:||Juta Law Publishing|
|Affiliations||1 Nelson Mandela Metropolitan University|
|Publication Date||Jan 2012|
|Pages||120 - 147|
The objectives of labour dispute resolution are, and have for a long time been, speed, accessibility (in terms of geographical location, cost and relatively simple procedures) and legitimacy (which derives from representivity in the dispute resolution body, certainty and expertise). The raisons d'etre for these are fairly obvious: neither employers nor employees (especially those recently dismissed) can afford delays and they do not have an intimate knowledge of legal processes. Labour dispute resolution bodies have an important role to play in maintaining an appropriate balance between the rights and interests of employers and employees while maintaining relatively healthy industrial relations with minimal resort to self-help.
This contribution aims to critically examine the dispute resolution institutions and processes established by the Labour Relations Act 66 of 1995 (the LRA) in order to assess the extent to which they have realised the objectives of promoting healthy industrial relations.We deal with the examination of these institutions in two parts: in the first, Craig Bosch deals with conciliation and arbitration in the Commission for Conciliation, Mediation and Arbitration (the CCMA); and in the second, Anton Steenkamp deals with the labour court.
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