Statutory & Private dispute resolution clauses for employment / labour disputes

Jurisdictional Chart

Jurisdiction is a term that is used to refer to the competence of a court or tribunal to hear a dispute between parties. This jurisdictional chart is a guide on the jurisdiction and related authority of employment tribunals in South Africa, including the CCMA, bargaining councils, private agencies and private dispute resolution.

INSTITUTIONRELEVANT LEGISLATIONOTHER REQUIREMENTSWHOSCOPEWHO CAN CONDUCT PROCESSWHO APPOINTS PRESIDING OFFICERHOW PAID FORSUBPOENAORDER OF COURTREVIEW
CCMALRA (s115)None Inherent jurisdiction created by statutes115 of LRACCMA commissioner
s189A – facilitator
CCMADrawdown from Dept of Employment and LabourLRA (s142) issued by the commissioner, signed by the Director (or delegate)

CCMA Rule 37
CCMA Director,
s143(3)
Labour Court s145
Bargaining CouncilLRA, s28(1) & s51Registration (s29) &
CCMA accreditation (s127) &
Collective agreement/s
Industry scope
Parties to BC
Non-parties to BC (if extended & accredited)
S51(3) – interpretation & application of collective agreements, severance pay, s188A, strike/lockout cons, disputes in essential services, unfair dismissals, ULPs, severance pay, s188ACCMA accredited commissioners
s189A – facilitator (by agreement)
Bargaining Council
Some BCs – parties can agree otherwise BC appoints
Dispute Resolution Levies
Subsidies from CCMA (s132)
LRA (s142) issued by the commissioner, signed by GS (or delegate)

Per BC Rules
CCMA Director,
s143(3)
Labour Court s145
Private Agency (Tokiso)LRA, s127CCMA accreditation (s127) &
Collective agreement/s OR
Employment Contract clause OR
Agreement
Valid agreements127(1), cons, arbs, s188A IBA, excludes organisational rights, demarcation, disclosure of info, workplace forums, joint decision making, stat councils, interpretation & application where no procedure in CA Enforcement S189A (on form, not in statute)CCMA accredited commissioners
s189A(4) – facilitator (by agreement)
Parties agree otherwise Tokiso appointsParties (employer if an employee under threshold)
Subsidies from CCMA (s132) possible
LRA (s142) issued by the commissioner, signed by CEO (or delegate)

Tokiso Rule 37
CCMA Director,
s143(3)
Labour Court s145
Private ADR process (fac, med, con)NoneCollective agreement/s OR
Employment Contract clause OR
Agreement
Valid agreementScope determined by agreementAny selected personParties agree on a person or process to appoint a personParties, as per the agreementN/AHigh Court / Labour CourtN/A
Private Arbitration ProcessArbitration ActCollective agreement/s
Employment Contract clause
Agreement
Valid agreementScope determined by agreementAny selected personParties agree on person or process to appoint / High CourtParties, as per agreement or applicable RulesClerk of Magistrates Court (s16(1)(b)), “procured by any party”High Court s31High Court /
Labour Court s33