Examples Of Legislation On Dispute Resolution

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South African Legislation on Dispute Resolution.
Introduction.
The nature of employment relationship is such that disputes between an employer and an employee (or trade union) occur frequently. It is therefore, important to have procedures in place through which disputes can be channelled as and when they arise. The statutory conciliation procedures of the Labour relations Act of 1956 were ineffective in that the procedures were lengthy and complex, with the result that merits of disputes were often lost in procedural technicalities. The absence of procedures for the independent and effective mediation of disputes was often the reason for resolvable disputes culminating in industrial action.
The 1995 Labour Relations Act provided a fundamentally …show more content…

While the LRA prescribes conciliation and arbitration or adjudication for the resolution of disputes, private dispute resolution is encouraged. Parties may by way of collective or other agreements decide on private conciliation and arbitration. Such an arrangement takes precedence and the dispute resolution procedure contained in the agreement will have to be followed. In fact, section 147 (6) authorises the CCMA to refer a dispute to the appropriate private person or body for resolution if it is found that a private agreement between the parties governs the issue in …show more content…

If the dispute is resolved, the parties sign a settlement agreement, meaning that dispute is out of the way. An outcome certificate is issued to prove that conciliation was conducted and that dispute has been settled. Where conciliation fails and the dispute remains unresolved the outcome certificate (or a certificate of nonresolution) will indicate that the dispute has not been settled and, depending on the nature of the dispute, any party to the dispute may refer it to arbitration or to the labour court.
Arbitration is in in fact an adjudication process undertaken by the CCMA or an accredited council or private agency and resolves the dispute by the way of the arbitrator making a final decision or judgement, called arbitration award. There is no right of appeal against an arbitration award. Arbitrations conducted by the CCMA or councils are subject to the provision of the LRA only and the Arbitration Act of 1965 does not apply, whereas the latter Act applies to private

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