• 2. Summary of Changes to the Dispute Resolution Procedures 1982 to 1997
  
  • 2.1 Collective Disputes
  • 2.2 Protest against Termination of Employment
  • 2.3 Individual Grievances

2. Summary of Changes to the Dispute Resolution Procedures 1982 to 1997

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This chapter summaries the changes described in chapter 3 and 4, with reference to three types of dispute:

2.1 Collective Disputes

2.2 Protest against Termination of Employment

2.3 Individual Grievances

2.1 Collective Disputes

1982 Trade Disputes Act Procedure:

STAGE 1:	Where a dispute has been reported to the Commissioner and he is of the opinion that suitable means for reaching a settlement of the dispute exist by virtue of a collective labour agreement, he shall refer the dispute for settlement by those means unless he is satisfied that there has already been a failure to reach a settlement of the dispute by those means.
STAGE 2:	Where the Commissioner is satisfied that these means have failed to produce a settlement, he shall take steps to reach a settlement of the dispute, such as conciliation and a request that the parties attempt to negotiate a settlement.
STAGE 3:	If attempts to reach a voluntary settlement failed, the Commissioner had power to refer the dispute to the Permanent Arbitrator for determination.

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1992 Trade Disputes (Amendment) Act Procedure:

STAGES 1 and 2 remain

STAGE 3:

If attempts to reach a voluntary settlement failed, the Commissioner issued a 'section 7 certificate' which permitted either party to take the dispute to the Industrial Court.

1997 Trade Disputes (Amendment) Act Procedure:

Stages 1, 2 and 3 are unchanged, except that the Commissioner's powers may be exercised by a labour officer delegated by him.

2.2 Protest against Termination of Employment

1982 Employment Act Procedure:

STAGE 1:	The employee (or employer) reports the matter to the district labour officer.
STAGE 2:	The district labour officer calls the parties before him, and adjudicates upon the dispute with powers equivalent to those of a magistrate grade 1 (with appeal to the Commissioner of Labour).

1992 Trade Disputes (Amendment) Act Procedure:

STAGE 1:	The employee (or employer) must make a written report to the district labour officer within 14 days immediately after learning of the termination or intended termination, and serve a copy of the report upon the other party to the dispute
STAGE 2:	The district labour officer calls the parties before him, and attempts to mediate a voluntary settlement.

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STAGE 3:	If the labour officer fails to mediate a voluntary settlement, the case is referred to the Commissioner of Labour, who must personally enquire into the circumstances of the dispute and request every party to the dispute to attend before him.
STAGE 4:	If attempts to reach a voluntary settlement failed, the Commissioner issued a 'section 7 certificate' which permitted either party to take the dispute to the Industrial Court.

1997 Trade Disputes (Amendment) Act Procedure:

STAGE 1:	The employee (or employer) must make a protest - either verbally or in writing to the district labour officer. This protest should normally be made within 14 days immediately after learning of the termination or intended termination, but a delay may be condoned if good cause for the delay is shown.
STAGE 2:	The district labour officer calls the parties before him, and attempts to mediate a voluntary settlement of the dispute.
STAGE 3:	If the labour officer fails to mediate a voluntary settlement, he shall either (a) where he is of the opinion that there is no likelihood of a settlement by further mediation, request the Commissioner to issue a certificate in terms of section 7 for the dispute to be referred to the Industrial Court; or (b) refer the matter to the Commissioner together with a report of his efforts to secure a settlement. The Commissioner of Labour may then delegate a labour officer to enquire into the circumstances of the dispute and request every party to the dispute to attend before him. If this attempt to reach a voluntary settlement fails,

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[STAGE 3]

the Commissioner issues a 'section 7 certificate' which permits either party to take the dispute to the Industrial Court.

2.3 Individual Grievances

1982 Employment Act Procedure:

STAGE 1:	The employee (or employer) reports the matter to the district labour officer.
STAGE 2:	The district labour officer calls the parties before him, and adjudicates upon the dispute with powers equivalent to those of a magistrate grade 1. (with appeal to the Commissioner of Labour)

1992 Trade Disputes (Amendment) Act Procedure:

STAGE 1:	The employee (or employer) must make a written report to the district labour officer, and serve a copy of the report upon the other party to the dispute.
STAGE 2:	The district labour officer calls the parties before him, and attempts to mediate a voluntary settlement of the dispute.
STAGE 3:	If the labour officer fails to mediate a voluntary settlement, the case is referred to the Commissioner of Labour, who must personally enquire into the circumstances of the dispute and request every party to the dispute to attend before him.
STAGE 4:	If attempts to reach a voluntary settlement failed, the Commissioner issued a 'section 7 certificate' which permitted either party to take the dispute to the Industrial Court.

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1997 Trade Disputes (Amendment) Act Procedure

STAGE 1:	The employee (or employer) must make a protest - either verbally or in writing - to the district labour officer.
STAGE 2:	The district labour officer calls the parties before him, and attempts to mediate a voluntary settlement of the dispute.
STAGE 3:	If the labour officer fails to mediate a voluntary settlement, the case is referred to the Commissioner of Labour, who may delegate a labour officer to enquire into the circumstances of the dispute and request every party to the dispute to attend before him.
STAGE 4:	If attempts to reach a voluntary settlement fail, the Commissioner issues a 'section 7 certificate' which permits either party to take the dispute to the Industrial Court.