The nationwide strike by 70 000 construction workers between 8 and 15 July 2009 was unprecedented and significant in several respects. This was the first national strike on 2010 World Cup sites by South African construction workers and was therefore an historic event. A second key feature of the strike was the unity displayed by workers and trade unions within a sector organised by several trade unions. Engineering and building workers came out on strike, with the Building Construction & Allied Workers Union (BCAWU) and the National Union of Mineworkers (NUM) standing together as their representative organisations. A third feature of the strike was the widespread sympathy for it by the South African public and media. This was despite it potentially setting back progress with World Cup projects. Fourthly, the pressure placed upon the trade unions' negotiating team by the Ministry of Labour and the FIFA Local Organising Committee (LOC) proved lethal in undermining their, assisting in causing them to dilute their trade union demands and demobilising the national strike.

Nepaliaujantys ekonominiai ir socialiniai pokyčiai teisės mokslininkus verčia spręsti klausimą dėl darbo santykių, tame tarpe ir konkrečiai darbo ginčų teisinio reglamentavimo kokybės, kadangi nuo to priklauso darbo teisės sistemos funkcionavimo efektyvumas. Darbe siekiama nustatyti darbo ginčų instituto vietą darbo teisės sistemoje, darbo ginčų, kaip darbo teisės sistemos dalies teisinio reglamentavimo specifiką ir atsakyti į iškeltą problemą: „Ar darbo ginčus reglamentuojančios teisės normos sudaro darbo teisės institutą, ar teisės pošakį?“. Darbe nagrinėjama teisės sistemos sandara, aiškinamasi, kokiu būdu išskiriami atskiri teisės sistemos elementai, analizuojama darbo ginčų kaip socialinių konfliktų samprata, teisinio reglamentavimo kilmė ir raida, aptariamos esminės darbo ginčų instituto ypatybės, t. y. tarpšakinis pobūdis, kuris pasireiškia specifiniu darbo ginčų instituto reglamentavimu Darbo kodekso ir Civilinio proceso kodekso teisės normomis, taip pat darbo ginčų instituto padalijimas į dvi dalis: individualių ir kolektyvinių darbo ginčų, darbo ginčų instituto vaidmuo kitų darbo teisės institutų atžvilgiu, atsižvelgiama į užsienio valstybių teisinį reglamentavimą darbo ginčų srityje, trumpai paliečiant ir tarptautinį reglamentavimą. Tikslui pasiekti buvo atlikta darbo ginčus reguliuojančios pozityviosios teisės, taip pat ir teisės doktrinos analizė, didžiausią dėmesį skiriant atskirai individualiems darbo ginčams ir kolektyviniams darbo ginčams, susitelkiant ties... [toliau žr. visą tekstą] / The law academics are induced by endless changes in economical and social affairs to solve an issue concerning the employment relations, including in particular the issue on the quality of legal regulation on labour disputes, since the effectiveness of operation by labour law system depends on it. The objective of this work is to determine the position of an institute of labour disputes in the entire labour law system, the particularity of legal regulation in labour dispute as the part of labour law system, and to answer the raised issue: “Whether the labour law institute or the sub-branch in the law is composed by the legal norms regulating the labour dispute?”. This work research the structure of law system, by explaining how the individual elements of law system are distinguished, by analysing the conception of labour disputes as the social conflicts, the history and development of legal regulation, by discussing the main features of labour dispute institute, id est inter-branch nature, which is evidenced by specific legal regulation of labour dispute institute in the Labour Code and Civil Procedure Code, as well as the division of labour dispute institute in two parts: individual and collective labour disputes, the role of labour disputes institute towards the others labour law institutes, also by taking account of the legal regulation by foreign countries in the labour disputes area, by adverting the international legal regulation. For the objective to be accomplished... [to full text]

This research expounds on the impact of Organised Labour in Dispute Resolution at eThekwini Municipality. The research will identify the positive and negative aspects of the stakeholders within the environment of labour relations. The necessity of this research is that very little research has been conducted in the dispute resolution environment at eThekwini Municipality. In any labour contract, there will always be disputes between the stakeholders concerned. In some instances, the conclusion of the dispute is a win-win situation or winner takes all. In the open market, the engaging of the Commission for Conciliation Mediation and Arbitration is the forum available to resolve disputes. In the local government sector, however, organised labour caters for the needs of its members by taking their grievances to the bargaining council under the auspices of the South African Local Government Bargaining Council. Local government is the sphere that is closest to the public at which delivery of services takes place. The manner in which this is conducted depends largely on the Municipality's institutional capacity. The institutional capacity also influences its regulatory role. The co-operative governance approach encourages multiple stakeholder arrangements to deal with labour relations issues. These arrangements will provide an illustration of the role of various stakeholders in achieving peace and harmony in the workplace. Organised Labour will always have a profound effect on the economy, politics and social services. Its contribution and development to society is highly influential and ensures its recognition. The challenge is to develop systems and procedures that will serve the labour relations environment. This research will set out to explore the dispute resolution mechanism that exists currently, and the effect it has in the Municipality. In this way there will be a definitive significance on the approach to formalise the roles employed by management and organised labour. / Thesis (MPA)-University of KwaZulu-Natal, Westville, 2010.

Thesis (MTech (Human Resource Management))--Cape Peninsula University of Technology, 2016. / The mining sector has been the backbone of the Namibian economy since Namibia attained its independence. However, the disruptive nature of the numerous strikes that are experienced in the mining sector has prompted this study that explores the perceptions held by different stakeholders on the impact of strikes on the productivity of three selected mines in Namibia. The selected mines are Langer Heinrich mine, Navachab Gold mine and Skorpion Zinc mine. Labour disputes in Namibia’s mining sector have a long history dating back to the colonial era. A myriad of factors that include, amongst others, poor remuneration, unfair labour practices, poor social and housing amenities, perceived discrimination and harsh working conditions are major triggers for mining sector strikes. Strikes are mostly conducted by employees when they fail to amicably resolve a labour dispute with their employers. Employees are normally perceived as the backbone of any organisation. Conflicts, however, are part of human nature and can only be avoided, in most cases, if people are conscious of the consequences of their actions and reactions, hence, the need to explore the perceptions of stakeholders on the impact of strikes on the productivity of the selected mines. Human perceptions are dynamic in nature. Irrespective of this fact, in this research questionnaires were administered to obtain the perceptions of mine management, miners and trade union members on the effects of strikes on the productivity of the three selected mines. A different questionnaire was designed to gather the views of the Ministry of Labour and Social Welfare (MLSW) officials since in most cases they are involved in conciliating the disputing parties. Generally, strikes have negative impacts not only on the organisation concerned, but also on the Namibian economy at large. The mines selected for this research are situated in the Khomas, Erongo and Karas regions of Namibia. Most mining companies in Namibia are located in Erongo and Karas, whereas Windhoek, which is in the Khomas region, mainly houses some of these mines headquarters. A five-point Likert scale was used to gather data in the survey. Specialised software called Statistical Program for Social Scientists (SPSS) was then used to analyse the data. Although the results indicate that in most cases the striking parties are aware of the adverse effects of strikes on productivity of the mines, they still opt to use strikes as a bargaining weapon. Since conflicts are always bound to arise where two or more parties interact, this study recommends that there should always be a conciliator who tries to amicably resolve disputes by sensitising each party on the consequences of strikes. The study also recommends a model which emphasises the need to thoroughly inform the mineworkers and the mine management on the ripple effects of strikes and on the need to achieve a win-win situation for all the parties that are involved in a conflict. The model emphasises that although the employees and the employers can individually and separately approach the official, which is the MLSW, such official should always provide open feedback to the feuding parties through a tripartite negotiation forum, otherwise any other type of covert feedback may be misinterpreted as bias by one of the feuding parties. The model further explains that at all times direct negotiations between employees and their employers must be kept open, as it is possible that agreements that can reduce strike action may be reached without necessarily engaging a third party.

This Master of Laws dissertation is a treatise of “The efficacy of Alternative Dispute Resolution (ADR) in labour disputes: a critical comparative analysis of Botswana, South Africa (RSA) and Zimbabwe.” Alternative Dispute Resolution hereinafter referred to as (“ADR”) has attracted so much research ado worldwide with policy makers alive to its possibilities in so far as it ought to shed off the burden of the courts in handling disputes. Courts are considered inundated with unresolved cases taking many years to finalise. ADR is therefore touted, not only the panacea, but the cheaper, efficient and effective alternative to normal court process. This study was saddled with the common challenges of definition, scope and methodology as does most scientific studies, especially to locate the concept ADR in the plethora of views from prominent exponent-s of the discipline. This study labored on the considered view that ADR is essentially an ‘out of court settlement approach to dispensing with disputes involving an attempt by disputants to rope in an impartial third party to aid finality to the respective wrangle. The lack of a methodological approach to treat this subject matter, made this study more challenging. The study had to therefore rely on a hypothetical model developed after gleaning through various scholarly views 1 that sought to treat the subject of ADR efficacy in labour dispute resolution. The study contented with the strongly held view 2 that ADR is an efficacious approach in resolving disputes outside the court system. As to whether this was the case in Botswana, RSA and Zimbabwe in so far as labour dispute resolution is concerned was the major challenge this study was seized with? A model was formulated which envisaged that efficaciousness of ADR may be achieved if three conditions or criteria are present within a jurisdiction, namely (1) ADR Background Conditions that comprise (a) adequate legislative and political support; (b) Supportive institutional and cultural norms, (c) adequate and competent manpower, (d) sufficient funding support, and (e) power-parity of disputants; (2) ADR Program Design comprising of (a) Planning and preparation and (b) Operations and implementation and finally (3) ADR Measures (a) Client satisfaction; (b) Time efficient; (c) Cost saving and (d) Settlement & enforcement. This study measured the situations obtaining in the three countries using these three-pronged criteria. In all three measures3 this study found that although all the three countries still have a long way before their ADR became as efficacious as would be reasonably possible, RSA has made many strides such as legislative enactments immediately upon attaining independence that sought to address the injustices of the past and thereby installing structures for enforcing industrial democracy 4, while Botswana and Zimbabwe took 5 years 5 and over 10 years 6 respectively after attaining independence. RSA established an independent body for dispensing with labour dispute settlement7 while Botswana8 and Zimbabwe 9 are still reluctant to do so, relying rather on their labour ministries often marinated in bureaucratic bottlenecks hence stalling efficacy of ADR. While RSA makes effort to provide adequate and competent manpower because of sufficient funding, Botswana and Zimbabwe still struggle to dispense with disputes under their labour departments who are either inadequately skilled or also accused of favouritism in the case of Zimbabwe.10 All the three countries are regarded as unequal societies which tends to sway the power-parity of disputants with capitalists still wielding unbridled powers in dispute outcomes. South Africa enacted section 143 to the Labour Relations Act 11 which empowers the Director of CCMA to certify an arbitral award, giving it the same force as an order of the Magistrate Court. This has cut off the time and administrative burden of having to register an arbitral award with the court so as to obtain writs of executions and enforce it, a practice which is still prevalent in Zimbabwe. The Department of Labour in South Africa has made funding available to the CCMA to assist employees who are not in a financial position to enforce awards in their favour.12 The funding is aimed at employees who are too indigent to afford the costs of enforcement.13 These employees are deemed to be: (a) Employees who earn below the earnings threshold (currently at R205 433.30 per annum) – proof of income will be required by the CCMA. There is no record regarding enforcement or ease of enforcement of ADR outcomes in Botswana and Zimbabwe or at least this study is aware of. The governments of Botswana and Zimbabwe have been accused of using a heavy hand in determining wages, the right to strike and often curtailing union power through declaring certain sectors essential services. RSA’s Commission for Conciliation, Mediation and Arbitration hereinafter after referred to as (the “CCMA”)14 runs an electronic system of case management by which cases are screened and assigned commissioners whereas Zimbabwe and Botswana still rely on manual systems often inefficiently managed especially when it comes to allocating matters to ADR interventionists.15 In Zimbabwe the challenge of resources is acute often the Labour Officers lacking a simple photocopier and postage stamps to dispense with administration of disputes. This dissertation found that Botswana and Zimbabwe lack publicly available information from which to infer the efficaciousness of ADR practices therein. Measuring client satisfaction, efficiency and cost effectiveness, enforcement and settlement has not been tackled with ease, which was different when it came to RSA. This study argues that RSA’s ADR is efficacious rated at 75% attainment of settlement of disputes, despite accusations of failing to offer disputants options and job retention at the end of ADR intervention. Botswana and Zimbabwe on the measures raised above are not yet close to achieving efficaciousness based on the above criteria. The challenges need to be addressed to ensure that in all three measures ADR affords Botswana, RSA and Zimbabwe disputants a cheaper, efficient and effective alternative to dispensing with labour disputes. This study concluded with recommendations arising from the three measures ADR Background Conditions; ADR Program Design and (3) ADR Measures could be implemented towards achieving an efficacious ADR regime for the three countries and beyond. / Mercantile Law / LL.M.