SA’s problems regarding its labour market are well known and are often the topic of debate in this newspaper.
There are at present no consequences for employees who pursue meritless disputes. To address this, CCMA commissioners should be required to engage in a preliminary assessment of the respective merits of a claim at conciliation stage and issue an advisory award, warning employees with dubious claims that should they progress to arbitration or adjudication they will, if unsuccessful in their claim, face the possibility of a costs order.
Another, perhaps less controversial, option is to exempt employers from the unfair dismissal provisions of the LRA for the first 12 months of an employee’s employment. This will allow employers greater flexibility and substantially reduce their risk and the cost of litigation in the CCMA.The LRA permits unions and employers to refer disputes based on “mutual interest”. The concept of mutual interest in SA is extremely broad, encompassing everything from wage demands to an ice-cream allowance.
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