CHAPTER 11

[Audio] CHAPTER 11 DISPUTE RESOLUTION. CHAPTER 11 DISPUTE RESOLUTION.

How to win an unfair dismissal case at the CCMA / Bargaining Council CCMA.

[Audio] CHAPTEROUTCOMES ANALYZETHEFUNCTIONSOFTHECCMA,BARGAINING COUNCILS,ANDTHELABOURCOURT; COMPARETHEDUTIESOFTHECCMA,BARGAINING COUNCILS,ANDTHELABOURCOURT; OUTLINETHERULESOFTHETHREEMAINSTATUTORY BODIESESTABLISHEDUNDERTHELRA..

[Audio] INTRODUCTION CONFLICT IS NATURAL AND A FACT OF LIFE, CONFLICT OCCUR WHEN TWO OR MORE PEOPLE ARE IN DISAGREEMENT, NOT ALL DISPUTES ARE SERIOUS, BUT CHOOSING TO IGNORE IT MAY BE DETRIMENTAL, IN THE EMPLOYMENT RELATIONSHIP: EMPLOYER AND EMPLOYEE HAVE DIFFERENT INTERESTS AND OBJECTIVES WHICH MAY GIVE BIRTH TO CONFLICT, ITS IMPORTANT THAT ORGANIZATIONS HAVE PROCEDURES IN PLACE TO RESOLVE CONFLICT, E.G. GRIEVANCE PROCEDURES, ETC. IF CONFLICT OCCURS IT SHOULD BE RESOLVED AT THE LOWEST POSSIBLE LEVEL, IF NOT DEALT WITH, CONFLICT CAN RESULT IN A DISPUTE, DISPUTE?.

[Audio] A DEFINITION: LABOUR DISPUTE A LABOUR DISPUTE MAY BE DEFINED AS A "CONTINUOUS DISAGREEMENT BETWEEN EMPLOYERS AND EMPLOYEES OR THEIR UNIONS AS REGARD TO ANY MATTER OF COMMON INTEREST, ANY WORKER RELATED FACTOR EFFECTING THEIR RELATIONSHIP OR ANY PROCESSES AND STRUCTURES ESTABLISHED TO MAINTAIN SUCH RELATIONSHIP" BENDIX 1992.

[Audio] DISPUTES MAY ARISE FROM FAILURE TO AGREE TO THE ESTABLISHMENT OF A RELATIONSHIP, I.E. UNION & MANAGEMENT, DISAGREEMENT TO ADOPTED PROCEDURES, I.E. HOW THE JOB IS BEING DONE, ETC., FAILURE TO AGREE ON TERMS AND CONDITIONS OF EMPLOYMENT, I.E. LEAVE, HOURS OF WORK, ETC., FAILURE TO ABIDE BY THE TERMS OF AN AGREEMENT, I.E. AGREEMENT BETWEEN THE PARTIES, DENYING EITHER SIDES RIGHTS, I.E. ORGANIZATIONAL RIGHTS THAT UNION MIGHT CLAIM, POOR TREATMENT OF ONE PARTY TO ANOTHER, I.E. DISCRIMINATION, UNFAIRNESS, ETC., ANY OTHER ACTION OF OCCURRENCE WHICH MAY HAVE A NEGATIVE INFLUENCE ON THE RELATIONSHIP, I.E. SALARY INCREASES, ETC..

[Audio] CONFLICT VERSUS DISPUTE CONFLICT DISAGREEMENT WITHIN THE ORGANIZATION, CAN BE RESOLVED BY MEANS OF INTERNAL PROCESSES, I.E. GRIEVANCE PROCEDURES, ETC. USUALLY NO THIRD PARTY INVOLVEMENT. DISPUTE WHEN CONFLICT REMAINS UNRESOLVED, IT BECOMES A DISPUTE, A NEUTRAL PARTY (3RD PARTY), I.E. COMMISSIONER, ETC. BECOMES INVOLVED..

[Audio] THE CONCEPT AND NATURE OF A DISPUTE: DISPUTE OF RIGHT VS DISPUTE OF INTEREST 1. DISPUTE OF RIGHT A RIGHT IS THAT TO WHICH A PARTY IS ENTITLED TO BY LAW, BY CONTRACT, BY AGREEMENT OR BY ESTABLISHED PRACTICE, LRA, ETC. WITHIN THE LABOUR RELATIONSHIP, RIGHTS ARE ENSURED BY COMMON LAW, BY STATUTORY LAW, BY CONTRACT OF EMPLOYMENT, BY LEGALLY ENFORCEABLE AGREEMENTS AND BY CUSTOMARY PRACTICES AT THE WORKPLACE. A DISPUTE OF RIGHT CAN BE SETTLED BY LEGAL ADJUDICATION (LEGAL PROCESS) OR ARBITRATION AND NOT BY NEGOTIATION BUT THROUGH CONSULTATION. EXAMPLE/S: RIGHT TO LEAVE, ETC..

[Audio] DISPUTE OF RIGHT CONT…. FAILURE OF THE BELOW GIVE RISE TO DISPUTES OF RIGHT: FAILURE TO ABIDE BY ANY LAW OR AGREEMENT, FAILURE TO IMPLEMENT STATUTORY DETERMINED CONDITIONS OF EMPLOYMENT, FAILURE TO IMPLEMENT CONDITIONS OF EMPLOYMENT SET OUT IN BARGAINING COUNCIL AGREEMENTS, FAILURE TO IMPLEMENT AN ARBITRATION AWARD, FAILURE TO ABIDE BY PROCESSES AND PROCEDURES THAT ARE DETERMINED BY LAW OR AGREEMENTS, FAILURE TO ABIDE BY THE COMMON LAW, FAILURE TO NEGOTIATE CHANGES TO TERMS OF CONDITIONS OF EMPLOYMENT..

[Audio] THE CONCEPT AND NATURE OF A DISPUTE: DISPUTE OF RIGHT VS DISPUTE OF INTEREST 2. DISPUTE OF INTEREST ANY ISSUES THAT ARE BARGAINED OVER AND ARE NOT REGULATED BY LAW OR AN AGREEMENT, ARISE WHEN A PARTY TO THE EMPLOYMENT RELATIONSHIP FEELS THEY SHOULD BE, BUT ARE NOT YET ENTITLED TO SOMETHING, DISPUTES OF INTEREST GETS SETTLED THROUGH NEGOTIATIONS, NB!!! HOWEVER, SHOULD ENTITLEMENT ARISE AFTER NEGOTIATIONS AND AN AGREEMENT, THEN THE INTEREST BECOMES A RIGHT. EXAMPLE: ENTITLEMENT TO A DAY OFF..

[Audio] TYPES OF DISPUTE OF INTEREST A "DISPUTE OF INTEREST" INVOLVES AN ISSUE IN WHICH AN EMPLOYEE HAS A DISTINCT INTEREST BUT NO CLEAR RIGHT SUCH AS THE ALLOCATION OF AN INTEREST RESOURCE. CHANGES IN SHIFT PATTERNS, RECOGNITION AGREEMENT, IMPROVED WAGES, AND CONDITIONS OF SERVICE. EXAMPLE: BEING MOVED TO ANOTHER WORK STATION.

[Audio] PROCESSES FOR HANDLING DISPUTES Arbitration or adjudication Dispute of in Labour Court Rights Consultation Conciliation.