1. INDUSTRIAL DISPUTE RESOLUTION CONFERENCE
International Perspectives
Melbourne, Australia
3 October 2007

2. How CCMA is positioned in the South African Labour Market ,debates and recent developments in dispute resolution in South Africa

3. 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

4. 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

5. 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.

6. 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)

7. 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)

8. 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

9. 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

10. 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

11. Conciliations heard outside thirty days, by province

12. 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

13. 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

14. 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

15. 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?

16. 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