Labour Law

LLAW WP NOTES

LEARNING UNIT 1

Distinguish between individual and collective Labour law.

Labour law primarily addresses the power dynamics within employment relationships, offering
protection to workers through various labour rights. However, not all workers are covered by these
laws, as it depends on the nature of their work and employment arrangement. Work encompasses any
task aimed at achieving an outcome, extending beyond formal employment to include self-
employment, working for others, or working as an independent contractor, whether paid or unpaid.
Collective labour law regulates interactions between employers (often represented by employers'
organizations) and employees (commonly represented by trade unions), as well as between trade
unions and employers' organizations. These relationships are vital for collective bargaining, enabling
parties to negotiate mutual interests and establish agreements applicable to all relevant members or
employees, including those not directly represented in the negotiation process.
Give an exposition of the main sources of labour law
Labour law governs the rights and responsibilities within employment relationships, drawing from
multiple sources such as the Constitution, legislation, sectoral determinations, common law, and
international law. While the Constitution holds supremacy in South Africa, legislation predominantly
outlines labour law principles. Key statutes including the Labour Relations Act (LRA), Basic
Conditions of Employment Act (BCEA), and Employment Equity Act (EEA) regulate labour relations
at both individual and collective levels. Additional legislation like the Protected Disclosures Act
(PDA), Occupational Health and Safety Act (OHSA), Compensation for Occupational Injuries and
Diseases Act (COIDA), among others, offer worker protection and social security. Laws such as the
Skills Development Act (SDA), Skills Development Levies Act (SDLA), and Employment Services Act
(ESA) address training and regulate private employment agencies. These statutes cover various
aspects of employment, although the list is not exhaustive, as numerous other laws impact workers
and employees.
Discuss the varied application of labour law
Labour law's application revolves around determining the existence of an employment relationship,
typically defined in relevant legislation. While definitions may vary across statutes, the Labour
Relations Act (LRA), Basic Conditions of Employment Act (BCEA), and Employment Equity Act
(EEA) share similar definitions of an employee, affording rights and obligations to them but excluding
independent contractors. Other laws like the Occupational Health and Safety Act (OHSA) cast a
wider net by including those working under supervision, potentially covering workers placed by labour
brokers. The Compensation for Occupational Injuries and Diseases Act (COIDA) defines employees
broadly, encompassing casual workers and those provided by labour brokers. COIDA is unique in
explicitly requiring a contract of service. The National Minimum Wage Act (NMWA) applies to all
"workers," irrespective of their employment status. The Occupational Diseases in Mines and Works
Act (ODIMWA) diverges by referring to those performing "risk work" rather than employees, extending
coverage to contractors' employees. These various definitions allow workers outside traditional
employment relationships to claim compensation under relevant statutes, though ODIMWA's scope
remains narrow.

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Explain how the Bill of Rights affects the employment relationship in so far as social legislation
having been passed to give effect to Section 23C.

The Bill of Rights, as enshrined in the Constitution, significantly influences the dynamics of the
employment relationship, particularly through the enactment of social legislation aimed at giving
effect to Section 23C. This provision specifically pertains to labor relations, ensuring the protection
of fundamental rights and fair treatment for all parties involved in the employment landscape.
Firstly, Section 23C underscores the right to fair labor practices, which serves as a cornerstone in
shaping employment laws and policies. Social legislation, such as the Labour Relations Act (LRA),
Basic Conditions of Employment Act (BCEA), and Employment Equity Act (EEA), have been
introduced to operationalize this constitutional provision. These statutes establish guidelines for
fair treatment in the workplace, addressing issues like wages, working conditions, discrimination, and
dispute resolution mechanisms. By delineating the rights and responsibilities of both employers and
employees, these laws foster a more equitable and balanced employment relationship.
Moreover, Section 23C guarantees the freedom of association, including the right to form and join
trade unions or employers' organizations. Social legislation has been instrumental in safeguarding
this right by protecting workers' rights to collective bargaining and industrial action. For instance,
the LRA facilitates collective bargaining between employers and trade unions, ensuring that
employees have a voice in negotiating terms and conditions of employment. Similarly, the right to
strike, as protected under the Constitution, is regulated by the LRA, which sets out procedures and
limitations to ensure that strikes are conducted lawfully and responsibly.
Furthermore, the Bill of Rights, through Section 23C, extends protections to a broader spectrum of
individuals beyond traditional employment relationships. While social legislation primarily focuses on
employees, constitutional rights to fair labor practices apply to all individuals engaged in work or
labor arrangements resembling employment. This inclusive interpretation has led to legal recognition
of rights for various groups, including independent contractors, casual workers, and even certain
excluded categories such as soldiers in the military, as seen in the case of South African National
Defence Union v Minister of Defence.
Additionally, the evolving nature of work and employment relationships necessitates ongoing
adaptation of social legislation to address emerging challenges and protect vulnerable workers.
Amendments to existing laws and the introduction of new legislation, such as the Unemployment
Insurance Act (UIA) and the Skills Development Act (SDA), reflect efforts to enhance social
security, promote skills development, and address changing labor market dynamics.
In summary, the Bill of Rights profoundly impacts the employment relationship by ensuring the
protection of fundamental rights and promoting fairness and equality in the workplace. Social
legislation, enacted to give effect to Section 23C, plays a pivotal role in translating these
constitutional principles into practical measures that safeguard the rights and interests of all
individuals engaged in the world of work.

Discuss the historical developments in labour law that preceded democracy in South Africa and which
paved the way for the current labour law system
1. Introduction: Social Engineering and Labour Law
South African history has been shaped by three key social engineering processes: colonialism,
apartheid, and democratisation. The apartheid era, in particular, deeply influenced the labour market
by enforcing racial divisions through legislation, privileging white workers while relegating black
workers to menial labour.

2. Colonial Era (1652-1947)

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2.1 Early Labour Systems

• Dutch & British Colonial Rule (1652-1886) introduced slavery and the master-servant
system, which gave employers excessive control over workers.
• The 1856 Master and Servant Act criminalized breaches of employment contracts by
servants, imposing harsh penalties.

2.2 Industrialisation and the Mining Economy (1886-1920)

• The discovery of diamonds (1867) and gold (1886) transformed the economy, increasing
demand for labour.
• Migrant black workers were forced into the labour market through taxes (hut and poll tax).

• Pass Laws restricted black workers' movement.

• The Mines and Works Act (1911) implemented the colour bar, reserving skilled jobs for whites.
2.3 Early Labour Struggles and White Labour Protection (1920-1947)

• The Rand Rebellion (1922) occurred when white workers protested against replacement by
cheaper black labour. The state suppressed the strike violently.
• The Industrial Conciliation Act (1924) formally excluded black workers from trade unions.

• The Labour Relations system entrenched white job protection.

3. Apartheid Era (1948-1990)
3.1 Institutionalisation of Apartheid (1948-1960)

• The Industrial Conciliation Act (1956) further segregated unions by race.

• Bantu Labour (Settlement of Disputes) Act (1953) created government-controlled worker
committees to manage black labour.

• Suppression of Communism Act (1950) led to banning of many labour organisations.

3.2 Labour Unrest and Black Resistance (1960-1970)
• Sharpeville Massacre (1960) marked increased state violence against protests.
• Trade Union Council of South Africa (TUCSA) allowed black worker affiliation in 1962 but
was largely ineffective.
• Grand apartheid policies, including Bantustans and rigid influx control, worsened conditions
for black workers.

3.3 Resurgence of Labour Struggles (1970-1990)

• 1973 Durban Strikes mobilized black workers in various industries.
• The Wiehahn Commission (1979) recommended black workers be included in the legal
definition of “employee” and allowed to form unions.
• The Labour Relations Act (1981) repealed racial exclusions in labour law but political
disenfranchisement persisted.

• COSATU (1985) became the most powerful trade union federation, aligning with the ANC in
the anti-apartheid struggle.

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• State of Emergency (1986) was declared due to intensified labour and political resistance.
4. Transition to Democracy (1990-1994)

• Release of Nelson Mandela (1990) and unbanning of the ANC, PAC, and SACP initiated
negotiations for a democratic system.
• CODESA Negotiations (1991-1993) laid the foundation for a democratic South Africa.

• The Interim Constitution (1993) enshrined fair labour practices, the right to strike, and
collective bargaining as fundamental rights.
• First Democratic Elections (1994) marked the official end of apartheid.
5. Post-Democracy Labour Law Reforms

5.1 Establishment of NEDLAC (1995)

• The National Economic Development and Labour Council (NEDLAC) was formed in 1995 to
promote consensus-based labour policies.

5.2 Labour Law Reforms (1996-1998)

• The Labour Relations Act (1995) formally ended apartheid-era labour laws.
• The Basic Conditions of Employment Act (1997) set minimum working conditions.

• The Employment Equity Act (1998) sought to redress past discrimination.

• The Skills Development Act (1998) addressed workforce training and education.
6. Conclusion

South African labour law has evolved from a system of racial exclusion and exploitation under
colonialism and apartheid to a constitutional democracy that enshrines worker rights, equality, and
fair labour practices. However, challenges such as unemployment, inequality, and ongoing debates
over economic policy continue to shape labour law today.
Discuss the transformative impact of the Constitution 1996 in the area of labour law
1. Introduction: The Constitution as a Vehicle for Social Transformation
The Constitution of 1996 marked a radical departure from the historically racialised and oppressive
labour laws under colonialism and apartheid. The Constitution not only sought to rectify historical
injustices but also laid the foundation for a democratic labour relations system based on fairness,
equality, and human rights.

Key labour-related constitutional principles include:

• Equality in the workplace
• Right to fair labour practices

• Freedom of association
• Collective bargaining
• Protection against unfair dismissal

• Socio-economic rights, including social security

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The constitutionalisation of labour law meant that labour rights were elevated to fundamental
human rights, enforceable through courts and labour tribunals.

2. Key Transformative Effects of the 1996 Constitution on Labour Law

The Constitution revolutionised South African labour law in the following key ways:
2.1 Fundamental Labour Rights (Section 23)

The entrenchment of labour rights in Section 23 of the Constitution provided a solid legal foundation
for all workers, regardless of race, gender, or status. Key rights include:
1. Fair Labour Practices – Every worker and employer is entitled to fair labour practices.
2. Freedom of Association – Workers can form and join trade unions; employers can form
employers’ organisations.
3. Collective Bargaining – Workers and employers have the right to engage in collective
bargaining.
4. Right to Strike – Workers have the constitutional right to strike, balancing power dynamics
between employees and employers.
This was a major departure from apartheid-era laws, where black workers were excluded from
unionisation and labour protections.
2.2 Legislative Reforms Inspired by the Constitution
The 1996 Constitution paved the way for the creation of progressive labour laws aimed at
transforming the workplace. These laws include:
1. Labour Relations Act (LRA) (1995)
o Promoted collective bargaining.

o Legalised trade unions for all workers.

o Established the Commission for Conciliation, Mediation, and Arbitration (CCMA) to
resolve disputes efficiently.
2. Basic Conditions of Employment Act (BCEA) (1997)

o Ensured minimum working conditions such as maximum working hours, overtime pay,
and paid leave.
o Protects vulnerable workers from exploitative employment conditions.

3. Employment Equity Act (EEA) (1998)

o Addressed past discrimination by promoting affirmative action.
o Required companies to implement equitable hiring practices and create inclusive work
environments.
4. Skills Development Act (SDA) (1998)
o Created Sector Education and Training Authorities (SETAs) to address historical
skills shortages.
o Promoted training and lifelong learning opportunities for workers.

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5. Occupational Health and Safety Act (OHSA) & Mine Health and Safety Act (MHSA)
o Strengthened health and safety standards in hazardous industries.

These laws aligned labour practices with constitutional rights, ensuring equitable workplace
treatment and economic participation for all.
2.3 Shift from Master-Servant Relationship to Equality

Historically, South African labour law was based on the Master and Servant Acts (1856 onwards),
which treated workers—especially black workers—as subordinates with little to no rights.
The Constitutional transformation of labour law:
• Abolished racial and gender discrimination in employment.

• Established a modern employment relationship based on dignity, equality, and fairness.

• Strengthened worker protections, reducing employer dominance in the workplace.
2.4 Inclusion of Atypical and Vulnerable Workers

The Constitution indirectly influenced labour laws to protect informal, atypical, and vulnerable
workers, including:
• Domestic workers

• Farmworkers
• Casual and temporary employees
• Migrant labourers

For instance:
• The BCEA introduced minimum wages and conditions for domestic and farm workers.
• Social security laws (such as UIF and COIDA) were extended to cover previously excluded
workers.
• Women Empowerment and Gender Equality Bill aimed at gender parity in employment.
These constitutional-driven reforms ensured a more inclusive labour market.
2.5 Strengthening of Dispute Resolution Mechanisms

Under apartheid, black workers had no legal avenues to challenge exploitation, unfair dismissals, or
discrimination.
The Constitution led to:

1. Creation of the CCMA – Provides accessible, fast, and affordable dispute resolution.
2. Labour Courts & Labour Appeal Courts – Handle complex employment disputes.
3. Incorporation of International Labour Standards – South Africa ratified ILO conventions,
strengthening compliance with global labour protections.
These mechanisms empowered workers by giving them legal recourse against unfair treatment.
2.6 Balancing Worker and Employer Interests

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While the Constitution strengthened worker rights, it also provided protections for employers by:
• Recognising the right of employers to collective bargaining.

• Allowing lockouts as a countermeasure to strikes (subject to legal restrictions).

• Encouraging social dialogue through institutions like NEDLAC.
This created a more balanced and cooperative industrial relations system.

3. The Role of NEDLAC and Tripartite Governance

The National Economic Development and Labour Council (NEDLAC) was established in 1995 to foster
cooperation between government, business, labour, and community groups.
NEDLAC's constitutional impact:

• Ensures inclusive decision-making on economic and labour policy.

• Facilitates consensus-building among stakeholders.
• Influences labour law amendments to reflect constitutional principles.
Despite criticisms (such as bureaucratic delays and conflict among stakeholders), NEDLAC remains a
key instrument in shaping labour policy democratically.
4. Challenges and Ongoing Issues

Despite the progressive impact of the Constitution, challenges remain:

1. High Unemployment (25% Official Rate, Higher in Reality) – Labour laws are sometimes seen
as rigid, discouraging job creation.

2. Youth Unemployment (36%) – The Constitution promotes worker protections, but entry into
the workforce remains difficult for many young people.
3. Labour Strikes and Economic Disruptions – South Africa experiences frequent, prolonged
strikes, sometimes turning violent.
4. Labour Brokers and Casualisation of Labour – A rise in temporary and informal work
threatens job security.
5. Minimum Wage Debates – While a national minimum wage has been introduced, concerns
remain over its impact on job losses.
These issues require ongoing policy refinement to balance worker rights with economic growth.
5. Conclusion: A Landmark Transformation

The 1996 Constitution fundamentally transformed South African labour law by:
• Embedding labour rights as constitutional rights.
• Establishing a fair and equal employment environment.

• Encouraging collective bargaining and social dialogue.

• Providing legal protections and dispute resolution mechanisms.
While challenges remain, the constitutional framework ensures a labour law system based on human
dignity, fairness, and economic justice.

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Discuss the sections of the Constitution 1996 which are most significant to labour law
The 1996 Constitution of South Africa enshrines several provisions that are pivotal to labour law,
primarily within Chapter 2, the Bill of Rights. The most significant sections include:
Section 9: Equality
This section guarantees that everyone is equal before the law and has the right to equal protection
and benefit of the law. It explicitly prohibits unfair discrimination on various grounds, such as race,
gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age,
disability, religion, conscience, belief, culture, language, and birth. In the context of labour law, this
provision ensures that employment practices do not discriminate against individuals based on these
attributes.
Section 10: Human Dignity
This section asserts that everyone has inherent dignity and the right to have their dignity respected
and protected. In the workplace, this translates to fair treatment, respect, and the safeguarding of
employees' self-worth, reinforcing ethical labour practices.
Section 18: Freedom of Association
This section provides that everyone has the right to freedom of association. In the labour context,
this underpins the rights of workers to join and form trade unions, aligning with the more specific
rights outlined in Section 23.

Section 23: Labour Relations

This section is dedicated explicitly to labour rights and includes:
Subsection 1: Everyone has the right to fair labour practices.

Subsection 2: Every worker has the right to form and join a trade union, participate in its activities,
and strike.
Subsection 3: Every employer has the right to form and join an employers' organisation and
participate in its activities.

Subsection 4: Every trade union and employers' organisation has the right to determine its own
administration, programmes, and activities, organise, and form and join a federation.
Subsection 5: Every trade union, employers' organisation, and employer has the right to engage in
collective bargaining.
These provisions collectively establish the framework for labour relations in South Africa, ensuring
rights to fair practices, unionisation, and collective bargaining.

Section 24: Environment

This section ensures that everyone has the right to an environment that is not harmful to their
health or well-being. In the workplace, this translates to safe and healthy working conditions,
obligating employers to maintain environments that do not adversely affect employees' health.
Section 27: Health Care, Food, Water, and Social Security

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This section guarantees access to health care services, sufficient food and water, and social security.
For labour law, this underscores the importance of employers providing adequate health benefits and
contributing to social security systems that support workers' welfare.
Collectively, these constitutional provisions form the bedrock of South African labour law, promoting
fair treatment, equality, and the protection of workers' rights in various dimensions of employment.

Explain the role and impact of the International Labour Organization (ILO’s) international
instruments on South African labour laws.
1. Introduction to the ILO and Its Influence on Labour Law
The International Labour Organization (ILO) is a specialized agency of the United Nations
responsible for promoting social justice and internationally recognized human and labour rights.
Since its founding in 1919, the ILO has played a crucial role in setting global labour standards through
conventions, recommendations, and guidelines that influence national labour laws.

South Africa, as a member of the ILO, has ratified several core conventions that have directly shaped
its labour legislation. These conventions serve as the foundation for South Africa’s labour policies,
ensuring compliance with international norms while addressing the country’s unique socio-economic
challenges.
2. The ILO’s Core Labour Standards and Their Implementation in South African Law
The ILO's core conventions, often referred to as Fundamental Principles and Rights at Work, have
had a significant influence on South Africa’s labour laws, particularly after the end of apartheid and
the adoption of the Labour Relations Act (LRA) of 1995 and the Constitution of 1996.
The most important ILO conventions ratified by South Africa and their impact on local labour laws
include:
2.1. Freedom of Association and Collective Bargaining
• ILO Convention No. 87 (Freedom of Association and Protection of the Right to Organize,
1948)
• ILO Convention No. 98 (Right to Organize and Collective Bargaining, 1949)

✔ Impact on South African Law:

These conventions protect workers' rights to form trade unions and engage in collective bargaining.
Their influence is evident in:
• Section 23 of the Constitution (1996): Guarantees the right to fair labour practices, freedom
of association, and collective bargaining.
• Labour Relations Act (LRA) of 1995: Establishes a legal framework for trade unions and
employers' organizations.

• National Economic Development and Labour Council (NEDLAC): Established in 1995 to

promote social dialogue among government, business, labour, and community organizations.
2.2. Prohibition of Forced and Child Labour
• ILO Convention No. 29 (Forced Labour, 1930) & Convention No. 105 (Abolition of Forced
Labour, 1957)
• ILO Convention No. 138 (Minimum Age, 1973) & Convention No. 182 (Worst Forms of Child
Labour, 1999)

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✔ Impact on South African Law:

These conventions influenced South Africa’s laws to eradicate forced and child labour, particularly in:
• Basic Conditions of Employment Act (BCEA), 1997: Sets minimum employment standards
and regulates child labour.

• Children’s Act, 2005: Prohibits the employment of children in exploitative labour.

• Employment Equity Act (EEA), 1998: Aims to eliminate discriminatory labour practices.
2.3. Equal Remuneration and Non-Discrimination
• ILO Convention No. 100 (Equal Remuneration, 1951)

• ILO Convention No. 111 (Discrimination in Employment and Occupation, 1958)

✔ Impact on South African Law:

South Africa has enacted several laws to ensure equality in the workplace:
• Employment Equity Act (EEA), 1998: Prohibits unfair discrimination in hiring, promotions,
and remuneration.
• BCEA, 1997: Ensures that men and women receive equal pay for equal work.
• Skills Development Act (1998): Promotes training for historically disadvantaged workers.
2.4. Social Security and Workplace Safety

• ILO Convention No. 102 (Social Security, 1952)

• ILO Convention No. 121 (Employment Injury Benefits, 1964)
• ILO Convention No. 183 (Maternity Protection, 2000)

✔ Impact on South African Law:

These conventions led to the establishment of various social security measures:
• Unemployment Insurance Act (UIA), 2001: Provides financial support to unemployed workers.

• Compensation for Occupational Injuries and Diseases Act (COIDA), 1993: Covers employees
injured at work.
• Occupational Health and Safety Act (OHSA), 1993: Ensures safe working conditions.

3. The ILO’s Decent Work Agenda and South Africa’s Labour Policy

South Africa has also endorsed the ILO’s Decent Work Agenda, which focuses on: ✔ Job creation
✔ Guaranteeing workers’ rights
✔ Extending social protection
✔ Promoting social dialogue

The National Development Plan (NDP), South Africa’s long-term economic strategy, aligns with
these principles by aiming to reduce unemployment, ensure fair wages, and promote inclusive
economic growth.
4. Challenges in Implementing ILO Standards in South Africa
Despite significant progress, South Africa still faces several challenges in fully implementing ILO
standards:

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• High Unemployment Rates (over 30%): Limits workers' bargaining power.

• Informal Sector and Atypical Work: Many workers remain outside formal labour protection.

• Labour Market Rigidity: Calls for flexibility in hiring and firing regulations.
• Wage Disparities and Gender Inequality: Despite legal protections, wage gaps persist.
5. Conclusion

The ILO's international instruments have played a fundamental role in shaping South Africa’s labour
laws. Through the adoption of core conventions, South Africa has built a legal framework that
protects workers' rights, promotes equality, ensures fair labour practices, and enhances workplace
safety. However, ongoing reforms and effective enforcement are crucial to fully realizing the ILO’s
principles of decent work and social justice in South Africa.

Explain the purpose, objectives, application, and interpretation of the LRA.

The Labour Relations Act (LRA) of 1995 serves to regulate labor relations in South Africa, with the
overarching aim of advancing economic development, social justice, labor peace, and democratizing
the workplace. Its key objectives include:
1. Giving effect to fundamental rights outlined in the Constitution, particularly those related
to fair labor practices (Section 23).
2. Fulfilling international obligations through membership in the International Labour
Organization (ILO).
3. Providing a framework for collective bargaining.
4. Promoting orderly collective bargaining, sectoral bargaining, employee participation in
decision-making, and effective dispute resolution.
The LRA's application is broad, covering various aspects of labor relations, including collective
bargaining, freedom of association, protection against unfair dismissals, and resolution of labor
disputes. It extends protections to a wide range of employees while recognizing the need for flexibility
in the labor market.

Interpretation of the LRA involves balancing the rights of employers and employees, addressing
historical injustices, and fostering economic growth. It aims to strike a delicate balance between
extending protections to workers and granting employers the flexibility needed for efficiency and
competitiveness. The Act is subject to interpretation by relevant institutions, such as the
Commission for Conciliation, Mediation and Arbitration (CCMA), and the courts, which adjudicate
disputes and ensure compliance with the law.
In summary, the LRA serves to regulate labor relations in South Africa, aiming to protect workers'
rights, promote fair labor practices, facilitate collective bargaining, and resolve disputes effectively.
Its interpretation involves balancing the interests of employers and employees while fostering
economic development and social justice.

Explain how the CCMA functions as a quasi-judicial, statutory body.

The Commission for Conciliation, Mediation, and Arbitration (CCMA) functions as a quasi-judicial,
statutory body in the following ways:

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1. Statutory Establishment: The CCMA is established by the Labour Relations Act (LRA) of
1995, which defines its powers, functions, and jurisdiction in resolving disputes within the
employment sphere.
2. Independent Tribunal: As mandated by the LRA, the CCMA operates independently of the
government and other bodies. It acts as a neutral third party in facilitating the resolution of
disputes between employers and employees.
3. Jurisdiction: The CCMA has jurisdiction throughout South Africa, as stipulated by the LRA.
Its authority to preside over and resolve disputes is confined by the statutes governing its
responsibilities.
4. Dispute Resolution Mechanisms:
a. Conciliation: Conciliation is the CCMA's primary process for resolving disputes. It
involves an independent third party, known as a commissioner, facilitating
discussions between the parties with the aim of reaching a mutually acceptable
resolution. Conciliation is a flexible, informal, and confidential process, resembling
mediation in its approach.
b. Arbitration: If conciliation fails to resolve the dispute, it may proceed to arbitration.
Arbitration involves a commissioner acting as an impartial adjudicator, hearing
evidence and arguments from both parties and making a final, binding decision.
Arbitration proceedings resemble judicial hearings in their adherence to procedural
fairness and legal principles.
5. Decision-Making Authority: Commissioners appointed by the CCMA preside over conciliation
and arbitration proceedings and have the authority to make determinations and issue awards
or rulings based on the evidence presented and applicable law. These decisions carry legal
weight and are enforceable in a manner similar to court judgments.
6. Binding Decisions: Arbitration awards issued by the CCMA are final and binding on the
disputing parties, akin to court judgments. They may be enforced as if they were orders of the
Labour Court, further underscoring the quasi-judicial nature of the CCMA.
7. Powers and Functions: Commissioners of the CCMA have broad powers conferred upon them
by the LRA. These include subpoena powers, contempt powers, and the authority to award
costs in arbitration proceedings, resembling the powers wielded by judicial officers.
In summary, the CCMA functions as a quasi-judicial, statutory body by virtue of its establishment
under legislation, its independent status, its jurisdiction to resolve disputes, its employment of
judicial-like processes and mechanisms such as conciliation and arbitration, its decision-making
authority, and its exercise of powers akin to judicial bodies.

Learning Unit 1- An Introduction to Labour Law