The effectiveness of dispute resolution mechanisms within the South African labour law system : a critical analysis

Abstract

Dispute resolution mechanisms in South Africa remain an important part of labour relations. These mechanisms provide structures whereby disputes are resolved in both the formal and informal sectors of the economy. Despite the importance of these mechanisms, the structures have to an extent failed to provide sufficient policies needed to make these mechanisms effective. Delays and high cost, for instance,still plaques labour dispute resolution in South Africa. The Labour Relations Act has limited access to dispute resolution mechanisms only to those workers in the formal sector although section 23 of the Constitution provides labour rights for everyone involved in employment relationship. In this paper, we seek to explore dispute resolution mechanisms in South Africa, with emphasis on their effectiveness in resolving dispute arising from employment relationships. This will be achieved by first looking at the historical development of dispute resolution mechanisms in the country. We shall , thereafter, proceed to analyze the current dispute resolution mechanisms in South Africa with emphasis on their existing structures, mechanisms and their effectiveness. The compliance of dispute resolution mechanisms with International Minimum Standards will further assess the effectiveness of these mechanisms in the country. However, we shall also acknowledge the fact that due to the nature of this paper, want of time and financial constraints; the depth of this paper is by no way exhaustive especially as aforementioned limitation makes it difficult for any form of empirical research. The use of extensive and available literature to strengthen our arguments will, however, guide in achieving the aims and objectives of the study.