THE LABOUR DISPUTE SYSTEM – COMPLEX AND POWERFUL

The LRA makes it very easy for employees to challenge dismissals and other unfair practices at Bargaining councils, CCMA or the courts.

The process is that:

· The employee lodges a dispute.

· A conciliator attempts to facilitate an out-of-court settlement.

· If conciliation fails the dispute goes either to the Labour Court or to arbitration depending on the type of matter.

· The arbitrator/judge decides whether the dismissal or other act was fair or not based on evidence from both parties.

· Either party of may, if dissatisfied with an arbitration award, apply for a review at the Labour Court.

· Any decision of the Labour Court may be referred to the Labour Appeal Court and could be referred even higher all the way up to the Constitutional Court.

When a dismissal dispute is referred to arbitration or Labour Court the employee only has to prove that he/she was dismissed. Then the employer has to prove that the dismissal was fair.

Thus the employer is in a seriously disadvantaged position because it is assumed guilty of unfair dismissal until it proves itself innocent; but also has to present its case first!

At conciliation the employee may be represented only by himself/herself or by a union official. The employer may represent itself or be represented by an official of an employer’s organisation.

At arbitration lawyers may be allowed under special circumstances.

Employers are therefore advised to join registered employers’ organisations in order to avoid the uncertainty of being allowed representation at conciliation and arbitration.

Labour Law