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Labour Relations

Desperate times calls for informed leaders

Fri, 25 Nov 2011 08:44

CCMA director Nerine Kahn recently reported a 25% increase in workload, a disconcerting statistic that has many questioning the nature of interactions within the business world. Sally Morgan shares her insights about this trend.

The massive rise in CCMA cases can be attributed to a number of factors according to Morgan.

Firstly, the CCMA is more widely recognised now than it was five years ago, she says. Employees and employers alike are seeing the benefits of using this legal platform to air labour issues.

A growing awareness about employee rights is another contributing factor. While employers have always been legally required to inform employees of their rights, this duty was heavily neglected in the past. Today employers are more conscious about their responsibilities in the workplace, particularly toward employees.

Perhaps the biggest drawing card for individuals are the free services provided by the CCMA, a point which Morgan believes should be re-evaluated.

As a result of these developments individuals are more open to approaching the CCMA , especially to report cases of so called ‘unfair dismissals’. In many of these cases the employer has done everything right and followed the legal procedure flawlessly, says Morgan. But, despite the lawful actions on the part of the employer organisations are being dragged through unnecessary legal procedures by resentful ex-employees.

Dismissed parties or employees who claim to have been wronged in such instances have very little to lose and everything to gain if the outcome is favourable.

On the contrary employers are drawn into time-consuming procedures that drain resources and interrupts productivity as the arbitration process can take up to three months if the parties are unable to reconcile.

The CCMA does not turn cases away says Sally and as a result even the most trivial cases are being heard.

The increase in cases has made it an urgent priority for employers to gain a thorough understanding of the procedures and protocols involved in dismissals, hearings and related labour law issues.

The adage ‘knowledge is power’ has never been more true in the current volatile economic climate and business leaders are preparing for a future in which individuals are becoming more desperate to secure employment.

By Cindy Payle