The National Economic Development and Labour Council (Nedlac) is the appropriate forum to grapple with the recent violent developments in South Africa’s industrial relations front.
Addressing a Mining Legotla dialogue session in Midrand at Gallagher Estate today, on the subject of Changing Dynamics of Industrial Relations Environment, Labour Minister Mildred Oliphant said a number of proposals have landed on her table on how to tackle the problem of prolonged and violent strikes. She said the tips from public vary from moderate to extreme propositions.
“If indeed, the industrial relations system requires some panel beating, let that be informed by empirical evidence that points to which parts of the whole needs attention and how will it impact on the other parts that makes up the system. I want to argue that a piecemeal approach will not be sustainable, nor will it be the most productive way of dealing with the challenges. Opting for a quick fix and/or emotional solution will not be sustainable,” Oliphant said.
Oliphant cautioned that the adversarial nature of South Africa’s industrial relations environment is historical, and that was important for the country to acknowledge. “The primary aim of our labour market legislative framework was designed to create an enabling environment and tools to address this harsh reality. It is also correct that our labour laws are premised on the principle of voluntary participation. It is a fact that the principal labour law has set up various institutions to assist in managing the inherent conflict in the employer-employee relationships.
“The challenge of unemployment, poverty and inequality, feeds into the troubles that we have observed in the recent past. The mediocre compliance with the existing labour laws, also contributes to the militant stances that workers often take in dealing with collective bargaining processes,” she said.
According to Oliphant, the biggest challenge was not as much the law “but more the lack of real transformation, socio-economic equity, mutual respect and trust in the work place. In my observation, these have contributed to the anger and frustration that we see in the current industrial relations dynamics”.
The Minister asked that amidst the prevailing developments: how do we explain the ever increasing wage gap between the top and the workers in the bottom end of the scale? And how do you explain the appalling living conditions of workers in the mining industry, generally speaking?
She said the recent five months strike in the platinum belt and the metal and engineering workers strike were more about these two aspects rather than the labour law. “So we need to be very careful about tinkering with the law when the law is not the culprit. How do we bring back the integrity of negotiations as prescribed in the LRA (Labour Relations Act)?” argued the Minister.
The Minister left delegates with a number of pertinent questions which she said would be useful for them to interrogate in the symposium. Some of these were:
- Is it advisable that, in the middle of a bitter dispute, parties should release their financial results on how executives are remunerated?
- Is it advisable for parties to be encouraging parallel negotiations through the media?
- Can employers report back directly to their employees ahead of union representatives doing so?
- How do we protect workers that opt to exercise their right to freedom of association not to participate in the strike?
- When is it appropriate for the Minister to intervene in the manner that does not undermine the fact the very Minister would have set up relevant institutions that deal with labour disputes?
Oliphant said institutions dealing with industrial relations such as the Commission for Conciliation, Mediation and Arbitration (CCMA) were sound. She said the proposed amendments to the LRA will strengthen these institutions and empower the inspectorate.
Enquiries:
Mokgadi Pela
Acting Ministerial Liaison Officer
Mobile: 082 808 2168
Email: mokgadi.pela@labour.gov.za
