SA’s labour legislation is considered by many to be the best in the world. Post the constitutional democratic dispensation and the adoption of the Bill of Rights, the intention was to address inequality in the workplace through key provisions of the Labour Relations Act . Chief among these are freedom of association and the right to collective bargaining.
The institution is set up primarily to ensure cheap, accessible, quick and non-technical dispute resolution. Attorney Paul Benjamin, in his analysis of the CCMA’s achievements and challenges, highlights turnaround time challenges and resistance to the enforcement of arbitration awards.For workers who are dismissed, the truth is that arbitration awards do not necessarily translate into reinstatement, nor to them necessarily receiving just compensation.
While it goes without saying that inconsistent decisions at the level of the CCMA commissioners are a concern, reviews are largely attributable to employers’ delaying tactics in the enforcement of arbitration awards. Too much time is wasted because of duplication of processes between these two institutions. The best way to assist the functionality and efficiency of the CCMA is through better resourcing given its huge dispute resolution mandate.