LLA 1420A Labour Dispute Resolution Processes

R200.00

This article explains the processes used by the Labour Relations Act, 1995 for the resolution of labour disputes.

The article forms part of the book “A Practitioner’s Guide to Labour Dispute Resolution“.

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Description

This is an extract from this article:

  1. Dispute resolution processes

We have seen that one of the principles of labour dispute resolution is “to select or design and apply the most appropriate or effective process in relation to a particular dispute and in relation to the parties[1]”. The question arises whether the Labour Relations Act 66 of 1995 succeeds in this objective. The purpose of this section is to briefly explain the different methods of dispute resolution which are used in the Act, and to discuss why the method is used.

  1. Dispute result ion processes utilized by the LRA

All of the methods discussed are statutory forms of dispute resolution in that they are laid down by the Act. The descriptions given of each process is one which should be understood was being derived from the Act

The most obvious method of dispute resolution used in the Act is simply that there is an obligation to give written notification to the other party that there is a dispute.

The fact that the Act provides for the ‘referral of a dispute’ to be on a specific form with details of how that form should be served on the other party and filed with the dispute resolution organisation which is responsible – the CCMA or council.

While the obligation to place a dispute in writing and to give notice of the dispute is often ignored as a dispute resolution process, it is acknowledged by Ury and as a way to prevent unnecessary conflict and head off future disputes[2].

[1]P. Pretorius in Dispute Resolution, Juta 1993 page 3

[2]Ury page 61.

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