Dispute resolution at the Commission for Conciliation Mediation and Arbitration : a social justice perspective

Abstract

The purpose of the mini-dissertation is to analyse and evaluate the degree to which the CCMA upholds social justice. The manner in which the application of the constitution and labour law affects society, more specifically dispute resolution at the CCMA, will also be evaluated. The CCMA was brought to life by post-apartheid legislation and what is of essence is that the CCMA must in the execution of their services, promote social justice. Various aspects of the CCMA, such as access and representation will be researched. Focus will be on the effect of conclusion of settlement agreements, all with the actualization of social justice in the background. The focus will be on how the conclusion of settlement agreements serves justice and subsequently promote social justice. In other words, giving each person what he or she deserves, which is equal enjoyment of all rights, irrespective of diversity or historical injustices. It will then be considered whether the CCMA is succeeding or failing in its attempt to achieve social justice in labour relations. The desktop research methodology will be utilised for the research in this mini-dissertation. Reference will be given to case law, newspaper articles, the internet, labour laws as well as international instruments and some selective CCMA policies and regulations.