A CRITICAL REVIEW OF LABOUR COMMISSIONERS' DILEMMAS WHEN DEALING WITH WORKPLACE DISPUTES IN SOUTH AFRICA

Author:

Phungula MbekezeliORCID,Utete RewardORCID

Abstract

Purpose: The overarching purpose of the study is to review the existing literature on the immense challenges faced by South African labour commissioners when dealing with labour disputes. Upholding decent work is indispensable to dispel injustice and poor working conditions at the workplace.   Theoretical reference: It is one of the key sustainable development goals the United Nations sets in which South Africa is a member state. Labour commissioners of the Commission for Conciliation, Mediation and Arbitration in South Africa play an integral role in accomplishing decent work through adjudicating labour disputes between employees and employers. Method: The study adopted a systematic review method. The study extensively reviewed the available literature, which include published research articles, conference papers, reports and policy documents over the period 2012–2022 from Scopus, Web of Science, Google Scholar and ScienceDirect databases.   Results and Conclusion: The study found unparalleled challenges, which include illiteracy and poor level of education among the complainants, mounting reported labour caseload, increase in labour matter reviews, re-filing of cases dealt with due to unimplemented awards, poor access to training of the commissioners, among others.   Implications of research: The study provides critical policy implications to address labour commissioners' challenges in South Africa. The management must also ensure that the complainants have access to adequate technology whenever they contemplate conducting their dispute resolution process via digital platforms.   Originality/value: However, despite labour commissioners facing challenges linked to their work, which compromise their ability to discharge their duties effectively, studies have yet to be conducted to specifically examine the challenges faced by labour commissioners in South Africa.

Publisher

South Florida Publishing LLC

Reference61 articles.

1. Adedeji, A. O. (2022). Effectiveness of Negotiation as Instrument of peace in resolving Apartheid South Africa deep-rooted conflict. International Journal of Education, Vocational & Social Science, 1(1): 50-73.

2. Alberts, M. (2019), Arbitration Clause in Contracts; a re-evaluation. Pretoria: Mercantile Law Press.

3. Atkinson, J. (2017), Labour Law and Human Rights; Legal and Philosophical Perspectives.. London: Cambridge press.

4. Atkinson, J. (2022). Zero-hours contracts and english employment law: Developments and possibilities. European Labour Law Journal, 13(3): 347-374. https://doi.org/10.1177/20319525221104165

5. Bakhramova, M. (2022). ODR (Online Dispute Resolution) System as a Modern Conflict Resolution: Necessity and Significance. European Multidisciplinary Journal of Modern Science, 4: 443-452.

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3