TOPIC 10: APPROACHES TO

CONFLICT RESOLUTION

MZIE NONDIMA
 Introduction
Definition of conflict:
 Conflict is a form disagreement. Contrary to popular belief,
conflict does not always involve hostility or fighting.
 Conflict arises in any situation where facts, desires, or fears
pull people in opposing or divergent directions. For example,
workplace.
 While conflict is a natural part of human interaction, the ability
to manage and resolve it appropriately can be learned and
developed.
 In some instances, litigation maybe necessary to resolve
serious disputes. However, most matters that reach court could
have been resolved earlier and much quicker through more
appropriate mechanisms, such as negotiation, mediation, or
arbitration.
 Types of conflict
1. Interpersonal conflict: refers to a conflict between two individuals.
2. Intrapersonal conflict: occurs within an individual. The experience takes
place in the person’s mind. It is a type of conflict that is psychological as it
involves individual’s thoughts, values, principles, and emotions.
3. Intragroup conflict: is a type of conflict that happens among individuals
within a team.
4. Intergroup conflict: takes place when a misunderstanding arises among
different teams within an organisation. For examples, sales department of
an organisation may clash with the customer support department.
Competition, goals and interests may contribute to this type of conflict;
Union vs management over wages, working conditions, or labour
practices.
 Appropriate dispute resolution
Different alternative dispute resolution: Negotiation, Mediation, Arbitration and
Litigation
Negotiation Mediation Arbitration Litigation
- It is a direct discussion - It is a voluntary process where a - Arbitration is a formal - It is a formal process where a
between the parties involved neutral third party (mediator) assist dispute resolution process court is approached to resolve a
in a conflict to find a solution the parties in a dispute to reach a where a neutral third party dispute.
without the involvement of a mutually beneficial solution. But Rule (arbitrator) hears the - This process involves
third party. 41A of the Uniform Rules of Court evidence and arguments, pleadings, evidence, legal
- It is an informal / requires parties to consider then makes a binding ruling. representation.
unstructured process. mediation prior to litigation. New - It is less formal than court - For workplace purposes, it is
- For workplace purposes, Court Directive for the Gauteng but more structured than usually utilized to review
negotiation is usually the first High Courts – makes it mandatory. mediation. arbitration rulings from CCMA
step when addressing - It is an informal or unstructured - It is faster and cheaper than or Bargaining Council.
grievances, salary disputes, process, and it is facilitated by the litigation. - Rulings are binding
terms of employment. mediator. - Final and binding decision - Expensive
- It is quick and cost-effective - For workplace purposes, it is used for (equivalent to a court - Adversarial – and thus may
- The relationship between the team disputes, bullying, harassment, judgment). destroy working relationships.
parties remains intact. or after failed negotiations. - Has limited right of appeal –
- However, power imbalances - It is a confidential and flexible process. review only.
may affect the outcome. - Parties are empowered to craft their
own solution.
- Preserves the workplace relationships.
- However, it is not binding on the
parties unless it is reduced to writing.
 CCMA Process (Step-by-Step)
- Commission for Conciliation, Mediation and Arbitration (CCMA) – an independent forum
established in terms of the Labour Relations Act to assist with resolution of labour related
matters.
CCMA process:
1. Referral of the dispute (Form 7.11):
- An aggrieved party (employer or employee) refers the matter to the CCMA. Referral is made
using Form 7.11.
- It is Served on both the CCMA and the other party – by email or hand.
- CCMA has to set down the matter for conciliation within 30 days of referral.
- If the matter is not set down for conciliation within 30 days of referral, then it proceeds to
arbitration.
2. Conciliation
- Conciliation is voluntary and it is in the form of mediation.
- Purpose: to help parties reach a settlement agreement without going to
arbitration.
- The Commissioner of the CCMA acts as a mediator and facilitate the dialogue.
- No legal representation.
- If parties reach an agreement, such gets to be put in writing and signed by both
parties.
- If no agreement is reached, a certificate of outcome - indicating that the matter
remains unresolved - is issued.
- This then enables a party to request arbitration.
3. Arbitration
- If conciliation fails, the matter proceeds to arbitration.
- Party must complete Form 7.13 and have it together with the certificate of
outcome served upon the other party and the CCMA.
- Purpose: to make a legally binding ruling when no agreement is reached.
- A party maybe represented – by union, employer organisation, legal
representation.
- The commissioner hears and assesses evidence and then issue a ruling
(arbitration award)
- Arbitration awards are legally binding and enforceable like court judgments.
- Arbitration awards can be reviewed at Labour Court in terms of Section 145 of
the Labour Relations Act.
4. Also, there is Con-Arb process (Conciliation + Arbitration on the Same
Day)

- The Con-Arb process is a streamlined procedure where conciliation and

arbitration take place on the same day, one immediately after the other.
- It is especially useful for minor disputes, where:
 No witnesses are required, or
 There is minimal documentary evidence to be considered
- This process helps to save time and resolve disputes efficiently.
- The default position is that Con-Arb will proceed, unless one party objects.
- Objection must be submitted in writing to the CCMA before the hearing
date.
- The referral form (LRA 7.11) includes a section where a party may indicate
whether Con-Arb should apply or not.
 CCMA or Bargaining Council Ruling
Soka v Department of Education, EC
Facts:
- The applicant, an employee of the Department of Education, applied for a Deputy Principal post.
- Despite meeting the requirements, the applicant was not shortlisted for interviews.
- She lodged an internal grievance, but no action was taken by the Department (employer).
Dispute Resolution Path:
- The applicant referred the matter to the Education Labour Relations Council (ELRC) – a
bargaining council dealing with education sector disputes.
- The dispute proceeded to conciliation, but no agreement was reached.
- It was then referred for arbitration.
Soka v Department of Education, EC……
Outcome (Award):
- Evidence was led during arbitration.
- The arbitrator found in favour of the applicant (employee).
- The failure to shortlist the applicant was deemed an unfair labour practice.
- The Department failed to provide any tangible or valid reason for excluding
the applicant from the shortlist.
- The arbitrator ordered the Department to restart the recruitment process
afresh.
 TOPIC 11: SOUTH AFRICAN
LABOUR LEGISLATION

MZIE NONDIMA
 What is Labour Law?
- Labour law is a branch of law that governs the rights and responsibilities of
employee, employers, trade unions, and government. It sets the framework for
how people work, under what conditions, and how disputes are resolved.
- It mediates the relationship between workers, employers, trade union and
government.
- It can be categorised as follows:
 Collective labour law – relates to the tripartite relationship between employee,
employer and union.
 Individual labour law – concerns employees’ rights at work and through contract
of employment.
- General aim: is to regulate the relationships between employers and employees
and find reasonable means to resolve disputes arising from these relationships.
 Section 23 of the Constitution
1. Everyone has the right to fair labour practices.

2. Every worker has the right ­

a. to form and join a trade union;

b. to participate in the activities and programmes of a trade union; and

c. to strike.

3. Every employer has the right ­

a. to form and join an employers' organisation; and

b. to participate in the activities and programmes of an employers' organisation.

 Section 23 of the Constitution….
4. Every trade union and every employers' organisation has the right ­

a. to determine its own administration, programmes and activities;

b. to organise; and

c. to form and join a federation.

5. Every trade union, employers' organisation and employer has the right to engage in
collective bargaining. National legislation may be enacted to regulate collective
bargaining. To the extent that the legislation may limit a right in this Chapter, the
limitation must comply with section 36(1).

6. National legislation may recognise union security arrangements contained in collective

agreements. To the extent that the legislation may limit a right in this Chapter, the
limitation must comply with section 36(1).
 The subsidiarity principle:
The subsidiarity principle - holds that a litigant should not rely
directly on the Constitution to vindicate a right if legislation has been
enacted to give effect to that right — unless:
• The legislation is inadequate, or
• The legislation itself is being challenged as unconstitutional.
 Overview of the key labour laws:

HOW IT
KEY SHAPES
LEGISLATION PURPOSE
PROVISIONS WORKPLACE
RELATIONS
Balances power between
Promotes collective bargaining Trade unions, CCMA, unfair employers and employees
LRA (Labour Relations Act)
and fair labour practices dismissal, strikes through rights and dispute
resolution

Protects vulnerable workers;

BCEA (Basic Conditions of Sets minimum employment Hours of work, leave, termination,
ensures fair treatment and work-
Employment Act) standards overtime
life balance

Promotes equality and prohibits Affirmative action, workplace Drives transformation, diversity,
EEA (Employment Equity Act)
unfair discrimination equity plans and inclusion

Improves skills development and Learnerships, SETAs, workplace Enhances employee capabilities
Skills Development Act
training skills plans and promotes employability
Collective Bargaining & Dispute
Resolution
What is collective bargaining?
→ A process where trade unions and employers negotiate wages,
working conditions, and other employment terms.
Dispute Resolution Mechanisms:
→ Internal grievance procedures
→ CCMA / Bargaining Councils (conciliation, arbitration, con-arb)
→ Labour Court or Labour Appeal Court (for review or appeal)
Employment Equity &
Transformation
Employment Equity Act:
→ Promotes demographic representation in workplaces
→ Requires designated employers to submit equity plans and reports
→ Prohibits discrimination based on race, gender, disability, etc.
Transformation Drivers:
→ BEE scorecards
→ Employment targets
→ Skills development tied to incentives
 Some sources
- Grogan J Workplace Law 11 ed (Juta 2014)
- Van Niekerk A & Smit N (eds) Law@work 3 ed (LexisNexis 2015)
THE END
“The end.. The end.. make sense of that” – Peter Drury