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The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent tribunal which adjudicates labour disputes in South Africa. It was established in November 1996 in terms of Section 112 of the Labour Relations Act, 1995 , which in turn implements the labour rights provided for in section 23 of the Constitution of South Africa .
Davis reflected unfavourably on the United States Supreme Court's decision in Hoffman Plastic Compounds, Inc. v. NLRB, commenting of the United States Supreme Court that "much of their jurisprudence can be described as being significantly incongruent with our Constitution’s commitment to freedom, equality and dignity and its concern to ...
The Industrial Court had the status of a High Court, and therefore was not accessible to all labourers. 1995 also saw the introduction of the Commission for Conciliation, Mediation and Arbitration (CCMA) which is an administrative tribunal. The Commission for Conciliation, Mediation and Arbitration endeavours first and foremost to conciliate ...
Methods of dispute resolution include: lawsuits (litigation) (legislative) [5]; arbitration; collaborative law; mediation; conciliation; negotiation; facilitation; avoidance; One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.
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Three institutions have also been created to further the goals of reducing industrial relations conflict, eliminating unfair discrimination and redressing past discrimination in the workplace: the National Economic Development and Labour Council (NEDLAC), the Labour Court and the Commission for Conciliation, Mediation and Arbitration (CCMA). [9]
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Currently, most arbitration providers allow parties to carry out online only part of the arbitration process, e.g. parties may download claim forms, the submission of documents through standard email or secure web interface, the use of telephone hearings, etc. [31] A key element of arbitration is the right for a party to question the witnesses ...