An analysis of the statutory alternative labour dispute resolution mechanisms in South Africa and Zimbabwe : a comperative perspective

Abstract

The Purpose of the study was to analyze the statutory alternative labour dispute resolution in South Africa and Zimbabwe. Due to the common law heritage of both countries, the thesis's aim was also to compare the statutory alternative labour dispute resolution in the two given countries. Additionally, current problems facing the two dispute resolution systems were also discussed. Under this title, the study calls attention to the problems that affect the institutions that engage in alternative dispute resolution namely the CCMA and the Ministry of Labour in South Africa and Zimbabwe respectively. Furthermore, the dispute resolution procedures were also discussed. In this regard, conciliation, mediation and arbitration were seen as the best tools to settle labour disputes as they avoid negative consequences of excessive judicialization. Apart from outlining the alternative dispute resolution procedures, the researcher also traced the birth of the first regulatory frameworks that sought to regulate labour relations and hence_the chapter on historical perspective. In order to hence the discussion, the review of arbitration awards both in South Africa and Zimbabwe also formed part of the thesis. Based on the above considerations, it is argued that, to the extent that conflicts may have a negative effect on work places, the state cannot remain indifferent and passive. Therefore, it is recommended that adequate criteria be adopted that help to overcome conflict in a positive way, such that labour relations after the conflict will have improved when compared with the situation before the dispute arose. Presently, the implementation of all the labour dispute resolution systems in both South Africa and Zimbabwe is rather deficient. This is a_prevailing regional problem and hence it is contended that countries should work together to harness this problem