Mr Hr

1.1 Define dispute:

* Dispute is any serious disagreement between about two parties for example; there could be a dispute over a problem of discipline in the workplace, over complaints which employees have or over dismissal. There can also be dispute over wages and other working conditions

* Dispute of interest

The Labour Relations Act (LRA) sets out structures and processes which can be used to resolve disputes of interest. The outcome of disputes of interest will depend on the relative strength of employees and employers. Each party may use different strategies to win what they want.

Employees can take industrial action over disputes of interest, like strikes, work stoppages and go-slows once they have complied with prescribed dispute procedures. Employees cannot strike over disputes of rights under the LRA (e.g. unfair labour practices and unfair dismissals).Disputes of right are referred to arbitration at the CCMA or the Bargaining Council.

The LRA governs the procedures that must be followed before industrial action can be taken by employees (strikes) or by the employer (lock outs).

* Dispute of right

Where there is no bargaining council:

If it is a dispute about enforcing a right under the Basic Conditions of Employment Act (BCEA), a Sectoral Determination or a Wage Determination or the Occupational Health and Safety Act, then a complaint can be sent to the Department of Labour. The complaint can include a request for a ‘Compliance order’ which is issued by an inspector of the Department. See Enforcement of the BCEA.

* See Enforcement of a workplace-based collective agreement.

* See Enforcement of a sectoral determination.

* See Enforcement of the OHSA.

If it is a matter of enforcing a right or a dispute of rights under the Labour Relations Act (LRA) (for example, an alleged unfair dismissal) where no bargaining council exists in that sector, then the matter should be referred to the Commission for Conciliation, Mediation and...