An evaluation of the CCMA with the aim of enhancement and improvement

Abstract

The Labour Relations Act established the Commission for Conciliation, Mediation and Arbitration (CCMA) as a statutory institution for labour dispute resolution. This dissertation draws on CCMA data and case analysis to provide a comprehensive analysis of the CCMA’s role in resolving labour disputes. The CCMA was created with the intention of providing inexpensive, accessible and effective dispute resolution through conciliation and arbitration. Although there is no specific mandate in relation to lessening poverty, reducing unemployment and inequality, the CCMA still plays an active role in the reduction of these socio-economic issues. This dissertation highlights the CCMA’s efforts to provide marginalized populations with a framework for equal access to justice, emphasizing its role in expanding access to justice. The research highlights the CCMA’s ability to grant awards for Basic Conditions of Employment Act and National Minimum Wage Act referrals and the role this plays in combating non-compliance with the national minimum wage, to continue the fight against poverty and inequality. The CCMA combats unemployment through its job-saving strategy that ensures all prospective job-saving measures are considered as soon as possible to prevent as many layoffs as possible. Despite the difficulties presented, the CCMA persists in attempting to contribute to the labour market in a meaningful way. The CCMA’s ability to resolve disputes within the stipulated timeframes and maintain a high settlement rate year after year contributes to the effectiveness of the institution. The costs involved in these proceedings in comparison to that of litigation contributes to the accessibility of the CCMA, this is further highlighted by the continuous increase in the case referrals annually. This positively contributes to the CCMA’s effectiveness. The research findings of this dissertation indicates that non-compliance with court orders ultimately undermine the effectiveness and efficiency of the CCMA. Furthermore, the elucidations of this research indicate a need for an accurate representation of the user experience and satisfaction in the form of quantitative data such as sample questionnaires, to ensure that the quality of dispute resolution is preserved. This potential quantitative data will provide the CCMA with the opportunity to evaluate its performance and assist the CCMA in providing effective dispute resolution.