The role of section 145 of the Labour Relations Act 66 of 1995 in promoting a fair and quick resolution of CCMA reviews

Abstract

Employees in South Africa who experience unfair dismissal rely on the Commission for Conciliation, Mediation and Arbitration (CCMA), trade unions, and bargaining councils for guidance and protection through labour legislation. Section 145 of the Labour Relations Act 66 of 1995 governs the review of CCMA arbitration awards and seeks to promote a fair, quick and constitutionally compliant to just administrative action. The review procedure has faced criticism due to procedural delays that undermine the LRA's objective of providing a quick and accessible system for resolving labour disputes. These delays have resulted in prolonged litigation, inconsistent judicial interpretations, and prolonged uncertainty for both employers and employees. Employers may be forced to operate without some of their staff while, employees often face extended periods without income. This research evaluates the effectiveness section 145 in facilitating a fair and quick resolution of CCMA reviews. It examines whether the amendments to section 145 of the LRA have reduced delays and curtailed the abuse of the review process while maintaining procedural fairness. The research aims to provide recommendations to improve the review process and enhance access to justice for vulnerable workers.