By Johann Scheepers*
I hope that there will be labour peace and sustainable economic stability in South Africa.
A ‘point of departure’ will be a common objective to ensure that the ‘ordinary South African Citizen’ has access to basic amenities and the realisation of the fundamental rights as enshrined in the Constitution of the Republic of South Africa.
That business and labour, if not society will be alive to the fact that that they cannot and should not rely exclusively on the Courts or other statutory dispute resolution tribunals for the resolution of conflict.
That existing Alternative Dispute Resolution processes may be superior in its effectiveness in resolving conflict and may be superior in a variety of disputes and controversies in the workplace and elsewhere.
The acceptance that other dispute resolution mechanisms may be less expensive, more effective, less intimidating and more sensitive to the commercial and other needs of the disputants or ‘grievants.’
That business and labour be alive to the fact that they are interdependent insofar as the economic sustainability, growth and objectives of the commercial entity that they serve are concerned.
A revived willingness to resolve conflict expeditiously at the point of origin and to pursue compromise insofar as it is attainable.
Finally, that parties will resort to litigation only after all efforts of non-adversarial dispute resolution endeavours have exhausted and proved to be unsuccessful.
- Johann Scheepers has over 30 years of specialised experience in industrial relations and the practice of employment law. He serves as an accredited Commissioner at the Commission for Conciliation, Mediation and Arbitration (“CCMA”). He also has over 20 years experience as a practising Labour Arbitrator, Mediator & ADR Specialist.
