February 2000
THE SCOPE
The Commission for Conciliation Mediation and Arbitration ("the CCMA") is the body principally charged with dispute resolution in the employment arena. It derives its jurisdiction from the Labour Relations Act 1995 ("the LRA"). The disputes over which it has jurisdiction are those of mutual interest between employees and trade unions on the one hand and employers and employer organisations on the other. Where bargaining councils exist, the function is discharged by those councils.
While it has been contended that as a retirement fund has an identity in law which is independent of the employer, it should not be subject to labour legislation, the Industrial Court in the past has said that where an employer is well represented on the board of trustees of a fund, it will be required to exercise its influence at that level so that employees are not unfairly penalised by rules which may operate unfairly towards them.
