South African local labour forums in the municipal sector: Structure, functioning and performance
- Authors: Chabalala, Siphiwe
- Date: 2022-04
- Subjects: Labor productivity -- Public services -- South Africa , Labor disputes -- South Africa , Labor relations
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/57567 , vital:58075
- Description: The South African Labour Relations Act 66 of 1995 provides for the establishment of statutory, yet voluntary, employee participation structures in the form of Workplace Forums. These Workplace Forums were modelled on the system of German Works Councils. The establishment of Workplace Forums solely lies with a representative trade union in a workplace of more than 100 employees. Trade unions have not been enthusiastic about the idea of Workplace Forums, this is because they view these structures as a mechanism that undermines collective bargaining due to the limitations that come with consultation as a process in decision-making. Trade unions would rather have powers of negotiation, for which Workplace Forums do not cater. Consequently, very few Workplace Forums have been established in South Africa. In the South African Municipal sector, there are Local Labour Forums which are solely for employee participation over and above matters reserved for collective bargaining in the South African Local Government Bargaining Council. Local Labour Forums have powers of consultation and negotiation on matters that affect labour relations and employees in the municipality. Local Labour Forums became an area of interest because of the limited opportunities in South Africa to study Workplace Forums. The aim of the study was to investigate Local Labour Forums as an example of Workplace Forums as employee participation structures. Therefore, the main research question was: how are these Local Labour Forums structured, what are the details of their functioning and what are the perceptions of the participants in these structures of their influence on performance in the workplace? The aim was translated into four objectives. The first objective was to explore the structure and functioning of Local Labour Forums. The second objective was to explore the perception of the parties to Local Labour Forums, namely, councillors, managers, and unions regarding their relationships. The third objective was to explore the agreements concluded by the parties and their levels of satisfaction with the agreements. The fourth objective was to explore the perception of the parties to Local Labour Forums of the contribution of the Local Labour Forums to the service delivery of the municipality. This was an exploratory and descriptive qualitative study. The population of the study was the Local Labour Forums in two metropolitans, six districts and thirty-one Eastern iv Cape municipalities. The sampling method used was non-probability purposive sampling. Primary data was sourced using both interview guidelines and a short survey questionnaire. The data obtained was transcribed and thematically analysed using Tesch’s (1990) content analysis as a method. The findings of the study indicated that while both Workplace Forums and Local Labour Forums are workplace committees, Local Labour Forums operate differently from Workplace Forums in terms of their structure and functioning. A major difference between these two structures is that Local Labour Forums are joint consultation committees, comprising of both the employer and employee representatives; whereas Workplace Forums are structures which only comprise of employees who then meet with the employer on a regular basis. The processes used for both these structures are somewhat different because Local Labour Forums have powers of consultation and negotiation, whereas Workplace Forums only have the powers to consult and jointly make decisions, not to negotiate. Adding to these differences is that Local Labour Forums have powers to establish subcommittees who will report back to this particular structure, whereas nothing about subcommittees is mentioned for Workplace Forums. In terms of the findings gathered on Local Labour Forums based on the abovementioned objectives, it was found that the establishment of these municipal structures are mandated by the South African Local Government Bargaining Council. Local Labour forums discuss matters of mutual interest which pertain to their respective municipalities. The parties to the Local Labour Forums are from both the employer and employee components. The employer component consists of senior municipal management/directorates and councillors. The employee component consists of the two in-house trade unions, the South African Municipal Workers’ Union and the Independent Municipal and Allied Trade Union. The fact that these parties are from different backgrounds in terms of conscience does not affect the relationships and agreements of the forum, because they are all about what is good for the structure. When it comes to performance of the Local Labour Forum, it was discovered that these structures are not directly involved in delivering services to the municipalities, but the decisions taken influence how the municipalities deliver their services. , Thesis (MA) -- Faculty Faculty of Business and Economic science, 2022
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- Date Issued: 2022-04
A comparison of the Botswana and South African labour dispute: resolution systems
- Authors: Koorapetse, Michael Moemedi Sean
- Date: 2011
- Subjects: Labor disputes , Labor relations , Conflict management , Dispute resolution (Law)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:9429 , http://hdl.handle.net/10948/d1010556 , Labor disputes , Labor relations , Conflict management , Dispute resolution (Law)
- Description: The purpose of this study was to compare the dispute resolution systems of Botswana and South Africa. As far as the South Africa dispute resolution system is concerned extensive literature on the system was carried out to describe its functioning. As for the Botswana dispute resolution system there was not much written about it in the literature, so in order to find out more about this system semi-structured interviews with labour relations experts which include mediators, arbitrators, lecturers, labour lawyers, trade unionists, employers and government officials held. The framework of comparison was developed to compare the elements of dispute resolution systems against each other and secondly to compare each system against the criteria of performance to the system. The two labour relations systems were compared in terms of elements of the system and the performance of the two systems. In the comparisons of the elements of the systems it was found out that in both systems the nature of disputes was collective and individual disputes both of which can be referred to the initial process of mediation or conciliation. However, in Botswana collective disputes can only be referred to arbitration if they remain unresolved in mediation while in South Africa only collective disputes on essential services go to arbitration while others lead to a strike or lockout if unresolved at conciliation. As for coverage both systems have incorporated public service sector employees in the systems after being excluded from the system for a very long time. The only difference is that in Botswana the Police force is not included while in South Africa they are included in the system. Differences in the avenues of disputes in the two countries were noted, in Botswana the rights/individual disputes go to either arbitration or Industrial Court if unresolved at mediation, inter-est/collective disputes can only go to arbitration while in South Africa the route of disputes is specified in the legislation. As for the human resources of the two countries it was found that the South African system has more qualified, trained and sufficiently experienced staff than the Botswana system. As for the processes it was found that for South Africa the initial process is conciliation while in Botswana it is mediation but these two processes were similar in many ways, from mediation/conciliation the next step in both systems is arbitration and just like the conciliation/mediation, arbitration in both countries was found to be similar except that in South Africa it is a public hearing. The two systems were also compared in terms of their performances and the research has established that between the two systems the South African system proved to be more superior on three of the criteria; efficiency, accessibility and legitimacy than the Botswana system. Therefore, the research proposes a number of recommendations for Botswana to implement namely; establishment of a legislated mixed process of mediation-arbitration, making the dispute resolution system independent from government, recruitment of high qualified and experienced staff for mediation and arbitration, accreditation to private agencies, effective case management system and proper routing of disputes.
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- Date Issued: 2011