NEDLAC'S ROLE IN THE IMPLEMENTATION OF THE LABOUR
RELATIONS ACT
25 April 1996
The Labour Relations Act places certain responsibilities on
Nedlac on an ongoing basis. The last Executive Council delegated
authority to the Management Committee to deal with such matters in
consultation with the Labour Market Chamber, subject to flexibility
and consultation with the convenors when necessary. Three such
areas have so far been addressed.
- The governing body of the Commission for Conciliation,
Mediation and Arbitration (CCMA)
The Executive Council meeting of 30 November 1995 ratified the
nominations from business, labour and government for representation
on the governing body, and mandated the Labour Market Chamber to
finalise the matter of the nomination of an independent
chairperson.
The Executive Council meeting today mandated the leaders of the
four Nedlac constituencies to finalise the matter. It is expected
that this will be done in the next few days.
- Nomination of the Judge President and deputy Judge President of
the Labour Court
After a joint process between the chamber and the Judicial
Service Commission, Nedlac has recommended the appointment of Judge
Myburgh and Judge Froneman as Judge President and deputy Judge
President respectively.
President Nelson Mandela has appointed the two judges, as per
the Nedlac recommendation.
- Essential services committee
Nedlac has recommended the appointment of the following
nominees, nominated by the social partners, to the essential
services committee:
Ms D. Mokhobo, Professor K. Jowell, Mr C. Milani, Mr R. Ronnie,
Advocate K. Moroka, and Professor R. Nengwekhulu.
The Executive Council today agreed that constituency leaders
should discuss and consider these recommendations.
The chamber agreed that Johannesburg should be the primary seat
of the court, with additional seats in Cape Town, Durban and Port
Elizabeth.
When negotiations on the Labour Relations Act were concluded in
July 1995, two areas remained outstanding for negotiation in
Nedlac. These were:
- Codes of good practice on picketing, and dismissals based on
operational requirements.
- Criteria for the demarcation of sectors and areas, and the
demarcation of sectors and areas for statutory councils.
A working group has been established to draft the codes of
practice. The Nedlac constituencies are currently finalising draft
submissions in this regard, whereafter the working group will
consolidate the drafts.
A working group on demarcation has been meeting to discuss
process issues and to decide on its brief, which is to develop
criteria for demarcation of sectors and areas, as well as to
develop proposals on the process to be followed. The working group
has also started work on a composite document of constituency
submissions. The working group's deadline is 1 May 1996.
The Executive Council today agreed that these two outstanding
areas should be concluded as soon as possible.