Abstract

The effective resolution of disputes is a key feature of the South African labour relations framework: it is of critical importance that disputes be resolved speedily and expeditiously. The objective of this article is to analyse the reasons for the delay in resolving disputes notwithstanding legislative provisions designed to achieve this. In particular it focuses on the delay in the enforcement of arbitration awards as far as review applications in the Labour Court are concerned. It is revealed that, notwithstanding the legislative intention to resolve labour disputes in a speedy manner, there is a substantial lapse of time from the moment an award is issued to the time that the award is finally executed, if ever. The delaying tactics, commonly known as Stalingrad litigation, is a phenomenon which hinders the speedy resolution of labour disputes. It is argued that frivolous review applications are the visible face of such tactics. The legislature has, over the years, amended the Labour Relations Act 66 of 1995 to address these delaying tactics. However, despite the legislative effort, the practice is yet to stop. This is partly because labour tribunals operate as courts of law, equity and fairness in the determination of disputes, and thus are prone to extreme leniency which dishonest litigants exploit. This contribution suggests a stricter application of clauses 7(2) and 69(2) of the Labour Court’s new rules to obviate such a delay.