By Nicci Whitear-Nel (BA LLB) – Senior Lecturer – School of Law, University of KwaZulu-Natal
Workplace mediation offers significant benefits to employers and employees. It has the potential to facilitate fast, innovative, mutually beneficial, solutions to employment disputes. When a dispute is mediated soon after it arises the chances of a satisfactory resolution are optimised because the parties’ positions are usually still fluid and their differences have not had a chance to fester and deepen.
Of course, the Labour Relations Act provides for a speedy process of dispute resolution, which includes a conciliation phase, through the CCMA and the Bargaining Councils in the various sectors. However, these processes only kick in after
the internal disciplinary process has run its course or the grievance has been lodged and there has been no satisfactory outcome. Workplace mediation is aimed at assisting parties to resolve workplace problems at an even earlier stage, prior to disciplinary action being taken or grievances being lodged.
The CCMA is leading the way in this area – as part of its strategic imperative to advance good practice at work and to transform workplace relations. It is running a six month pilot project in the Cape Fruit Industry (March 2016-August 2016) to explore the potential in this area.
At the 29th Annual Labour Law Conference (ALLC), taking place for the first time at Emperors Palace from 24 to 25 August 2016, the CCMA will address the topic of workplace mediation, as well as other strategies to encourage job retention and workplace harmony in these difficult economic times.
Advocate Thuli Madonsela will tackle the topic of job creation and corruption in a plenary session. Prof Paul Benjamin and Mr Thobile Lambate, the Director-General of the Department of Labour, will speak on the impact of the 2014 amendments to the Labour Relations Act on job creation. Of course, sometimes job retention is simply not possible – and there will be a panel presentation on developments in the field of retrenchment law as well.
For bookings or more information on the 29th Annual Labour Law Conference to be held from 24 to 25 August 2016 at Emperors Palace, Kempton Park Gauteng, contact Erin on 031 303 9852 or email
About the Author
Nicci Whitear-Nel (BA LLB) is a Senior Lecturer at the University of KwaZulu-Natal’s School of Law. She practiced as an attorney before joining the university. She maintains links with the legal profession, and believes this is beneficial to her and to her students as it feeds both her research and teaching functions. She has written four books and is also qualified as a Commissioner of the Commission for Conciliation, Mediation and Arbitration. She is also presently a consultant at Austen Smith attorneys in Pietermaritzburg.
