Perceptions of personnel practitioners in Bloemfontein of the dispute resolution mechanisms of the labour relations Act 66 of 1995
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Prince, Boikanyo George
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University of the Free State
Abstract
Showing abstract in English
English: The workplace in South Africa has been polarised along racial lines, mainly as a result of
separatist policies of the past. The resultant social, political, and economic environments created
a negative organisational culture generally. This led to a lack of participation and lack of
confidence between members of the communities as well as the absence of group identity. The
new government has therefore had to embark on a transformation process in which the economic
development of the disadvantaged black majority has become a dominant theme of the politically
reconstructed South Africa. This has created perceptions that the government favours labour to
the detriment of business and that the balance of power has shifted in favour of labour.
The Labour Relations Act 66 of 1995 was passed in September 1995 and became effective on 11
November 1996. One of the objectives of this Act is to provide simple dispute resolution
procedures. The centrepiece of the Act is the Commission for Conciliation, Mediation and
Arbitration (CCMA). The CCMA and the Labour Court are two dispute resolution institutions.
The research aimed to determine the perceptions of personnel practitioners towards the dispute
resolution mechanisms of the Act. The project assessed the perceptions of personnel practitioners
in Bloemfontein regarding these dispute resolution mechanisms. The specific mechanisms under
the Act are conciliation and arbitration as well as the Labour Court processes.
The research also aimed to determine whether these- perceptions differed on the basis of
biographical variables such as race, industry, level of management as well as size of the
organisation, etc.
A non-experimental exploratory, descriptive design was used. The sample population consisted
of personnel practitioners in Bloemfontein with at least 2 years' experience as labour relations
practitioners. The sampling strategy was convenience sampling. A questionnaire was used to
collect data from the respondents on aspects of conciliation, arbitration, the Labour Appeal Court.
Descriptive statistics were used to record the perceptions of practitioners regarding the dispute
resolution mechanisms.
The findings of the study indicate that perceptions of the sample population are favourable and
that there are differences, though not significant, according to industries, level of management and
size of organisations, but not necessarily according to race.
The study concludes with recommendations which generally focus on relationship building as a
means of reducing and/or eliminating conflict in the workplace. In addition, the workplace needs
to be transformed as a means of encouraging the relationship building process. Once this has been
achieved, a performance evaluation programme for the CCMA should be put in place to identify
any performance deficiencies and the appropriate training interventions should be selected to
address the skills shortages of the appointed commissioners. In the event of these not addressing
the identified problems, amendments to the Act may be considered and effected and, finally, the
parties may contract out of the statutory dispute resolution institutions.
Description
Dissertation (M.Com. (Industrial Psychology))--University of the Free State, 1998