Page 48 - FOL2023

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speedy resolution of labour of dealing with each other’s pressing
disputes. needs.

5.3 As soon as the CCMA came into
effect, and the Commissioners were
4.2.2 The CCMA statutorily had 30
appointed, the employer found it
days to try and solve disputes
difficult to hire and fire at will.
between employer and

employee. 5.4 This led to a strain in the relationship
and almost caused a total collapse
4.2.3 Arbitration would follow
of NEDLAC. This organization is yet to
immediately should the matter
reach its full potential.
not be resolved within the 30

days. The arbitration process 6.
would have a maximum period
6.1 Working against the employer in the
of 90 days to be finalised.
process was the fact that, the firing of
4.3 The dispute resolution mechanism workers had to be procedural and for a

would be under the auspices of good reason. These were prescribed
the Labour Relations Act but semi- by the Act, and the notion of “fair
autonomous to ensure minimal labour practice” was constitutionally
government or industry influence. protected.

4.4 Organizational rights, i.e., the right 6.2 It is sad that, for the better part of 10
to belong to a trade union (which is years after the establishment of the
constitutionally protected) and other CCMA, the employer sought to have
interest issues would be resolved the law changed instead of finding

differently by the right to strike, should ways to work around it. At the same
the parties not agree/ or fail to find one time they did not want the Constitution
another. to be amended willy-nilly. On the other
hand, the worker representatives stood
5.
firm on the gains made during the
5.1 NEDLAC was supposed to play a vital establishment of the NEDLAC.
role in curbing strikes, mainly because
6.3 I can venture to say, if this was allowed,
the convergence of employers,
it would most probably trigger other
organised labour and government
unexpected amendments to the
would try and push for the objectives
Constitution.
of economic growth, ensure minimum
wages for workers and contribution by 7.
the private sector.
7.1 In the meantime, the new vehicle for the

5.2 This was a perfect vehicle that was resolution of labour disputes was rolled
supposed to usher in new methods out to the neighbouring countries to

50 FOL Quarterly Issue 2022