Much has been said about the proposed amendments to the Labour Relations Act, 1995 (LRA) regarding collective issues, such as strikes, picketing and labour broking.
There are however a number of other proposed amendments which employers should be aware of. Some of the proposed amendments relate to review applications in the Labour Court. If a party to a dispute in the Commission for Conciliation, Mediation and Arbitration (CCMA) or a bargaining council, is unhappy with the outcome of a dispute, that party may apply to the Labour Court to review the dispute award.
If an employer lost a dismissal dispute in the CCMA or a bargaining council and wants to challenge the award on review, it is often faced with a situation where the employee wants to enforce the award whilst the employer clearly does not want to give effect to it in circumstances where it may be overturned by the Labour Court in future.
An employer who is facing this situation may apply to the Labour Court to have the enforcement of the award stayed pending the outcome of the review application. However, a few of the proposed amendments to the LRA complicates this recourse. An article entitled “The noose around an employer’s neck” deals with the potential complications in more detail.
By Amelia Berman/Joe Mothibi