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ARTICLE · 15 APRIL 2025

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Is South Africa's Statutory Dispute Resolution System Dysfunctional?

Fairbridges
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In addressing an appeal stemming from misconduct during the 2018 National Strike in the Plastics Industry in the case of National Union of Metalworkers of SA obo Motlang & Others v Polyoak...

South AfricaLitigation, Mediation & Arbitration
David Short
David Short
Zethembe Manukuza
Zethembe Manukuza
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In addressing an appeal stemming from misconduct during the 2018 National Strike in the Plastics Industry in the case of National Union of Metalworkers of SA obo Motlang & Others v Polyoak Packaging (Pty) Ltd & Others 2025 46 ILJ 552 (LAC), Judge Van Niekerk raised critical questions about the efficacy of South Africa's statutory dispute resolution system. His ruling underscored the dysfunctionality that often hinders timely and effective resolution of employment disputes. This case, which spanned several years, has sparked a crucial conversation about whether the existing system truly serves its intended purpose of delivering swift justice to both employers and employees.

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