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. / Thesis (LLM) North-West University, Mafikeng Campus, 2012
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/16106 |
| Date | January 2012 |
| Creators | Mboh, L N |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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