Labour Court Dispute Resolution: Effective and Expeditious?

Labour Court Dispute Resolution: Effective and Expeditious?

Author Anton Myburgh SC

ISSN: 2413-9874
Affiliations: Senior Counsel, Johannesburg Bar (Sandton); Adjunct Professor of Law, Nelson Mandela University
Source: Industrial Law Journal, Volume 46 Issue 2, 2025, p. 706 – 721
https://doi.org/10.47348/ILJ/v46/i2a1

Abstract

This article explores two things. Firstly, whether the Labour Court has delivered on the statutory promise of providing for the effective and expeditious resolution of labour disputes, particularly in relation to the review of arbitration awards of the Commission for Conciliation, Mediation and Arbitration — the conclusion being that it has not. Secondly, what plans are in place to address the backlog, and how the court might reduce the inflow of reviews by adopting a uniform approach to their determination — thus enhancing the predictability of the outcome.

Minority Unions and Special Interest Groups in the Workplace

Minority Unions and Special Interest Groups in the Workplace

Authors Wilhelmina Germishuys-Burchell & Christoph Garbers

ISSN: 2413-9874
Affiliations: Senior Lecturer, University of South Africa; Associate Professor, Stellenbosch University
Source: Industrial Law Journal, Volume 46 Issue 2, 2025, p. 722 – 748
https://doi.org/10.47348/ILJ/v46/i2a2

Abstract

The appropriateness of the Labour Relations Act 66 of 1995 (LRA 1995) has been questioned for its effect on the plight of minority union members or a minority group of employees who share a significant and discrete interest in the workplace. This article considers the vision of majoritarianism in the LRA 1995 as a product of criticism of the Industrial Conciliation Act 28 of 1956 (subsequently renamed the Labour Relations Act (LRA 1956)), and its support by the Constitutional Court. It does so with reference to representation at disciplinary enquiries, during retrenchment consultation, and during collective bargaining to show that after almost 30 years of the current LRA we have perhaps come full circle to the point where the Act is open to the same criticism levelled against the LRA 1956 all those years ago.