16 Oct 2018

A top South African labour judge says the law and the rules of the Industrial Court should be made easier for litigants to access labour courts and promptly get assistance without having to go through tedious processes which might prove costly.

Presenting during a one-day Symposium on the Enforcement of Mediation and Arbitration and Awards in the Industrial Court on lessons from South African Labour Courts, Judge President of the Labour Appeal Court and Labour Court of South Africa and Judge of the High Court of South Africa, Justice Basheer Waglay said it was important that litigants, especially those less privileged were not taken through rigorous processes.

He however noted with pride that in South Africa and in terms of the Labour Relations Act 66 of 1995 (LRA), two institutions were mandated to mediate and arbitrate disputes between employees and employers.

These institutions are the bargaining councils set up by employers and employees in organised industries in specific fields of employment and the Commission for Conciliation, Mediation and Arbitration (CCMA).

Justice Waglay, who sits in these three courts alternately, noted that the purpose of creating the two institutions to resolve labour disputes was to create an environment that was flexible and less onerous to the parties in dispute so that they could deal with the matter in a less formal, easy and speedy manner.

The creation of the institutions is to provide a cost-effective and a simplified procedure to labour litigations when compared to the procedure in civil proceedings.

The institutions are obliged to attempt to resolve disputes through conciliation or mediation and to arbitrate the dispute if it remains unresolved after that process.

They resolve disputes in a less technical manner so as to avoid or reduce delays, thereby enabling litigants to get effective and quick remedies.

He told the symposium, which was made of legal fraternity from various organs that once a dispute was resolved, either by way of a settlement agreement by a ruling at conciliation or by the issuance of an arbitration award, the agreement, ruling or award needed enforcement.

In the meantime, Justice Waglay said the South African Labour Law had been amended to make it easier for indigent litigants to easily receive their awards once issued by labour courts against some unscrupulous employers who in the past would employ delaying tactics and hide behind loopholes in the system.

In his welcome remarks, Judge President of the Industrial Court Justice Goemekgabo Tebogo-Maruping said until recently, there was uncertainty in enforcing awards but now the Industrial Court could apply punitive measures.

He however advocated for alternative and mediation process in solving labour disputes as the option was less expensive and had speedy resolution. ENDS