BLLR522 Labour Relations – CCMA Functions Analysis

QUESTION

The Commission for Conciliation, Mediation and Arbitration (CCMA) plays a central role in achieving the objectives of the Labour Relations Act 66 of 1995.

Conduct a critical analysis of the role of the CCMA by addressing the following:

1. Identify and discuss all the statutory functions of the CCMA in terms of the Labour Relations Act. (30)
2. Explain the matters on which the CCMA may provide advice, education and training, and critically evaluate how these activities contribute to achieving the objectives of the Labour Relations Act. (20)
3. Select three recent CCMA cases or interventions (within the last five years) that illustrate different statutory functions of the CCMA.

Analyse each case by:

• explaining the dispute;
  • identifying the function exercised by the CCMA;
  • evaluating whether the CCMA effectively fulfilled its statutory mandate; and
  • justifying your conclusions with reference to the Labour Relations Act and relevant literature.

• Critically evaluate the effectiveness of the CCMA in promoting sound employment relations in South Africa. Your discussion should include both strengths and limitations and be supported by current academic literature and relevant case law.

Experts Answer on Above Questions on Labour Relations

Statutory functions of the CCMA – section 115

The mandatory functions of CCMA includes conciliation which focuses on resolving every dispute through conciliation, arbitration which includes LRA arbitrating with the party or parties consent to CCMA arbitration for matters otherwise within labour court jurisdiction. Workplace forums effective enough in establishing forums in the workplace under chapter V of the LRA. Information and statistics aimed at publishing its activities and review of rules at least every 2 years.

The discretionary functions include advising parties about the LRA procedures, helping them to obtain legal advice and representation, providing administrative assistance, offering conciliation, making procedural rules for arbitration, publishing guidelines on matters covered by LRA, conducting and publishing result, and making additional procedural rule in dealing with matters ike intervention, representation, fees and costs.

Advice, education and training

The advice and training in relation to the LRA’s objectives and other employment legislation can be provided to employees, employers, registered unions, federation union and bargaining councils under section 115(3). The matters to consider are establishing collective bargaining structures, establishing workplace forums, functioning of workplace forum, preventing employee disputes and employee grievances, disciplinary procedures, dismissal procedures, workplace restructuring, and preventing sexual harassment. It is possible to reduce avoidable disputes by providing training to employees and employers on disciplinary, dismissal and grievance procedures. The employee participation can also be improved by providing training on collective bargaining, but it cannot be sufficient enough to eliminate disputes that are caused by genuine conflicts of economic interests, organisational restructuring and misconduct.

Three recent CCMA related case studies

The three recent CCMA case studies are Bata SA (Pty) Ltd v SACTWU obo Members – 2024 whereby the dispute was mainly in relation to employees and they were supplied through a temporary employment service. The CCMA function involved was arbitration, and it fulfilled its dispute resolution mandate for the arbitration to survive review. The second case is Eagles Pride Hatchery (PTY) Ltd v SACTWU and others – 2024 which involved a labour dispute in relation to industrial action, and the CCMA did not resolve the dispute, but the parties concluded a settlement. The CCMA performed the function of facilitation/ conciliation.

The third case is state Information Technology agency SOC Ltd v CCMA and others – 2024 which involved a matter on employee dismissal by SITA following disciplinary proceedings. The CCMA performed the role of arbitration of an employment dispute, and the case indicates the adjudicative role in unfair dismissal disputes.

Critical analysis of CCMA effectiveness

The strength points are it provides a specialised dispute resolution mechanism, assists with conciliation in resolving disputes, positive advice that helps in addressing disputes before they escalate, workplace Forum and collective bargaining support employee participation. However the limitations are it is not possible to resolve all disputes through conciliation, and it is also possible to challenge CCMA orders through labour court review proceedings, and the quality of outcome depends significantly on positive participation by employees, employers and unions. CCMA is central to South Africa’s LRA based system as it combines dispute resolution, prevention, workplace participation, education and information functions.

Want Detailed Answers with References?

With professional law experts in our team of Student Life Saviour South Africa, it is possible to analyse the CCMA statutory functions in detail, along with its recent case analysis, dispute resolution and effectiveness under the South African labour Relations Act. Get in touch with the professional law expert by visiting the South African assignment help homepage and also explore the solved assignment answers from NWU Business School.