Effective workplace dispute resolution for the future

Authors Alan Rycroft & Christopher Albertyn

ISSN: 1996-2088
Affiliations: BA (Rhodes) LLB (Natal) LLM (London). Professor Emeritus, Faculty of Law, University of Cape Town; BA (Hons) (Witwatersrand) B.Proc (UNISA) LLB (Natal). Arbitrator and mediator, principally in Ontario, Canada
Source: Acta Juridica, 2025, p. 136-178
https://doi.org/10.47348/ACTA/2025/a5

Abstract

An efficient and cost-effective dispute system was a key aim in the drafting of the Labour Relations Act in 1994. In this contribution we consider whether this aim has been achieved. We look separately at the internal disciplinary process, CCMA arbitrations, the labour courts and the Constitutional Court. We include comparative insights from Canada. Looking ahead, we consider possible dispute resolution mechanisms in four diverse areas: AI and mediation, platform workers, workers in the informal economy, and supply chain disputes. Through this review we make suggestions for the way forward.