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DISPUTE RESOLUTIONS BY THE CCMA AND LABOUR COURT
Recent amendments have been passed changing some of key aspects of
Labour Legislation in South Africa.
This legislation is the output of discussions that have taken place with
the major stakeholders and attempts to address the various constituent
needs in a practical and balanced way.
Dispute resolution by CCMA and Labour Court:
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Provision is made for a continuous process of conciliation and
arbitration (Section 191(5)A) in all probation disputes and
all dismissal dispute relating to misconduct and incapacity.
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Employers and workers can now consent or contract to have a final
and binding disciplinary hearing conducted by a CCMA commissioner
(Section 188A).
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CCMA director is enjoined to make arbitration awards of CCMA,
Bargaining Councils or accredited agency arbitrator’s orders of the
Labour Court.
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Probationary period is clarified and, employers need to meet a lower
burden of proof in establishing substantive fairness of the
dismissal (Schedule 8).
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Commissioners have been given discretion as to the amount of
compensation that they may award for dismissal, limited to twelve
months (Section 194).
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Clarity is given as to nature and limit of compensation to be
awarded for unfair labour practices.
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Bargaining
council Arbitrators are now given similar powers to CCMA
Arbitrators.
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The Labour relations Act is aligned to the Protected Disclosures Act
and it is automatically unfair for a worker to be dismissed for
making such a disclosure”.
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The
CCMA Governing Body is empowered to make rules and processes
regulating its functions including who may represent at a CCMA
hearing and the charging of fees for services.
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The
Governing Body has duly agreed on a set of rules, which are
published by the Governing Body simultaneously with the regulations.
The governing Body of the CCMA has also agreed on alignment and
refinements to all CCMA forms.
Information
provided on this page is based on the document “Labour Law Amendments
2002” found on the Department of Labour’s website.
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