Describe The Functions Of Mediating Bodies In Labour Relations Training

Objectives:
• Define key concepts in labour relations.
• Explain the purpose and importance of mediating bodies.
• Identify the main mediating bodies in South Africa.
• Describe the constitutional and legislative framework governing labour relations.
• Understand the historical context of labour dispute resolution.

Topics:
• Overview of labour relations: parties, interests, and conflicts.
• The concept of mediation and alternative dispute resolution (ADR).
• The role of the Commission for Conciliation, Mediation and Arbitration (CCMA).
• Bargaining councils and statutory councils.
• The Labour Court and Labour Appeal Court.
• Key legislation: Labour Relations Act (LRA), Basic Conditions of Employment Act (BCEA).
• The Constitution of South Africa and its impact on labour rights.
• Historical development of labour dispute resolution in South Africa.

Objectives:
• Describe the structure and governance of the CCMA.
• Explain the CCMA's jurisdiction and types of disputes handled.
• Outline the conciliation process step-by-step.
• Understand the role of commissioners and their powers.
• Identify the types of outcomes from conciliation.

Topics:
• CCMA organisational structure: national office, provincial offices, and satellite offices.
• Jurisdictional requirements: who can refer disputes and which disputes.
• Types of disputes: unfair dismissal, unfair labour practices, and mutual interest disputes.
• The conciliation process: referral, set-down, proceedings, and outcomes.
• Role of the commissioner: facilitation, caucusing, and recording.
• Possible outcomes: settlement agreement, certificate of outcome, or unresolved dispute.
• The importance of confidentiality and without prejudice discussions.
• Practical exercise: role-play a conciliation session.

Objectives:
• Differentiate between conciliation and arbitration.
• Explain the arbitration process and rules of evidence.
• Describe the role of bargaining councils in dispute resolution.
• Understand the arbitration award and its enforcement.
• Identify scenarios where arbitration is compulsory or voluntary.

Topics:
• Arbitration vs. conciliation: key differences and when each applies.
• The arbitration process: pre-arbitration conferences, hearings, and closing arguments.
• Rules of evidence: admissibility, relevance, and burden of proof.
• Bargaining councils: establishment, functions, and dispute resolution mechanisms.
• Arbitration awards: content, binding nature, and enforcement.
• Review and appeal of arbitration awards.
• Practical exercise: drafting an arbitration award.
• Case studies of arbitration decisions.

Objectives:
• Define mediation and its principles.
• Compare mediation with conciliation and arbitration.
• Describe the role of private mediators and accredited bodies.
• Understand the use of mediation in collective bargaining and workplace disputes.
• Identify other ADR mechanisms: facilitation, fact-finding, and advisory arbitration.

Topics:
• Principles of mediation: neutrality, voluntariness, and self-determination.
• Mediation models: facilitative, evaluative, and transformative.
• Private mediation vs. statutory mediation (CCMA/bargaining councils).
• Accreditation of mediators: SAQA and relevant bodies.
• Mediation in collective bargaining: interest disputes and rights disputes.
• Other ADR mechanisms: facilitation (e.g., for retrenchments), fact-finding, and advisory arbitration.
• Advantages and disadvantages of ADR.
• Practical exercise: mediation role-play.

Objectives:
• Describe the structure and jurisdiction of the Labour Court and Labour Appeal Court.
• Explain the process of reviewing CCMA and bargaining council awards.
• Understand the types of orders and remedies available.
• Identify the grounds for review and appeal.
• Discuss the role of these courts in labour law enforcement.

Topics:
• Structure of the Labour Court: divisions, judges, and registry.
• Jurisdiction: exclusive and concurrent jurisdiction.
• Review of arbitration awards: grounds for review (e.g., misconduct, gross irregularity).
• Appeal process: from Labour Court to Labour Appeal Court and Supreme Court of Appeal.
• Types of orders: reinstatement, compensation, declaratory orders, and interdicts.
• Enforcement of orders: contempt of court and writ of execution.
• Case law examples: landmark decisions.
• Practical exercise: drafting a review application.

Objectives:
• Explain the role of the Essential Services Committee (ESC).
• Describe the functions of the Public Investment Corporation (PIC) in labour relations.
• Identify other specialised bodies: the Employment Equity Commission, the Commission for Conciliation in the Public Service.
• Understand the role of the Labour Relations Amendment Act in establishing new bodies.
• Discuss the interaction between different mediating bodies.

Topics:
• Essential Services Committee: determination of essential services and minimum services.
• Public Investment Corporation: role in shareholder activism and labour-related investments.
• Employment Equity Commission: monitoring and enforcement of equity.
• Commission for Conciliation in the Public Service: dispute resolution for public servants.
• Labour Relations Amendment Act: recent changes and new bodies.
• Coordination between CCMA, bargaining councils, and specialised bodies.
• Case studies of disputes involving specialised bodies.
• Practical exercise: scenario analysis of multi-body dispute resolution.

Objectives:
• Integrate knowledge of all mediating bodies in a comprehensive dispute resolution strategy.
• Apply concepts to complex, real-world labour relations scenarios.
• Demonstrate understanding through a summative assessment.
• Develop a personal action plan for applying mediating body functions in the workplace.
• Evaluate the effectiveness of mediating bodies in the South African context.

Topics:
• Review of key concepts from Days 1-6.
• Case study: a complex dispute involving multiple mediating bodies.
• Group exercise: develop a step-by-step dispute resolution plan.
• Summative assessment: written test covering theory and application.
• Feedback and discussion on assessment results.
• Action planning: how to engage with mediating bodies in practice.
• Course evaluation and closure.
• Certificates of completion.