An analysis of the presentation and admissibility of evidence at CCMA arbitrations.
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Date
2013
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Abstract
Historically, labour dispute resolution in South Africa has been synonymous with being
expensive, unnecessarily lengthy and ineffective. The Labour Relations Act (LRA) 66 of
1995 set out to change this through the creation of the Commission for Conciliation,
Mediation and Arbitration (CCMA). The design of the CCMA is centred on a dispute
resolution institution that adopts a quick, cheap and non-legalistic approach to dispute
resolution. Through the introduction of compulsory arbitration for specified dismissal and
unfair labour practice disputes, the LRA granted the CCMA the mandate of upholding the
objectives of industrial peace and reducing exorbitant legal costs. The outcome of arbitration
proceedings conducted under the auspices of the CCMA are final and binding. Accordingly,
this sui generis type of proceedings aimed at being cheap and informal has several
implications. The adherence to traditional legal principles, in particular the rules relating to
the presentation and admissibility of evidence cannot be adhered to rigorously in a forum
where parties are unrepresented and that has informality as a defining feature. This paper set
out to examine the proposition that based on various statutory powers; arbitrations are to be
conducted informally and free from legalism- which necessarily entails a relaxation if not
elimination of the traditional exclusionary rules pertaining to the presentation and admission
of evidence.
Description
Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.
Keywords
Labour laws and legislation--South Africa., Dispute resolution (Law)--South Africa., Arbitration (Administrative law)--South Africa., Admissible evidence--South Africa., Theses--Labour law.