LABOUR LAW

LABOUR LAW

Labour law is concerned with the establishment of a labour-relations framework that provides for orderly and peaceful industrial relations between employers and organized workers, and usually includes rules on forming a union.

The purpose of referring a dispute to the CCMA is to resolve it. There are three main categories of labour disputes:

Disputes which are arbitrable and have to be adjudicated by the CCMA. 
Disputes which are justiciable and have to be adjudicated by the Labour Court. 
Disputes which have to be resolved by the exercise of economic power, meaning the employees can either organise a strike or lock-out in support of their demands.
Labour law also refers to the body of arbitral jurisprudence (case law) established on a precedent-setting but not binding basis by grievance arbitrators, usually given a broad jurisdiction to decide in all manner of disputes arising from a collective agreement, including often such allegations of human rights or statutory violations as may arise in an employment context.

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