Exam (elaborations)
IOP3704 - Employment Relations Assignment 2 S1&S2 Year 2021
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IOP3704 - Employment Relations (IOP3704)
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IOP3704ASSIGNMENT
TWO
S1&S2 YEAR 2021
, For Assistance Contact Ralph @ 0680779615
1.Assuming that the parties fail to resolve their issues and a third party (CCMA)
has to intervene, explain the role and function of the CCMA in dispute resolution.
(10)
Commission for Conciliation, Mediation and Arbitration (CCMA) was established in
terms of the Labor Relations Act, 1995 as amended. The Commission for Conciliation,
Mediation and Arbitration (CCMA) is a dispute resolution body established in terms of
the Labor Relations Act, 66 of 1995 (LRA). It is an independent body, does not belong
to and is not controlled by any political party, trade union or business.
The CCMA was established as a dispute resolution institution based on the principles of
ADR as it was intended that as many disputes as possible should be resolved through
conciliation, resulting in a minority of disputes going to arbitration or to the Labour Court.
It was also intended that the CCMA should promote effective strategies for dispute
prevention. However, this objective was not achieved owing to the high rate of referrals
to the CCMA because of employers’ inability to deal successfully with conflict internally.
The CCMA also requires lengthy and specific internal procedures and employers and
employees are penalised for not knowing or adhering to these prescriptions in the LRA
The CCMA's compulsory statutory functions are to:
Conciliate workplace disputes
Arbitrate certain categories of disputes that remain unresolved after conciliation,
establish picketing rules
Facilitate the establishment of workplace forums and statutory councils
Compile and publish information and statistics about CCMA activities
Accredit and consider applications for subsidy by bargaining councils and private
agencies
Provide support for the Essential Services Committee.
In the following instances the CCMA does not hear disputes where:
An independent contractor is involved;
The case does not deal with an issue in the Labour Relations Act (LRA),
Employment Equity Act (EEA) or Basic Conditions of Employment Act (BCEA);
A bargaining council or statutory council exists for that sector; and
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