Enforcement difficulties in the public and private sectors

Abstract

This article examines sections 142(A), 143, 146 and 51 of the Labour Relations Act 66 of 1995, which deal with the enforcement of CCMA arbitration awards, and section 33 of the Arbitration Act 42 of 1965 which deals with the enforcement of non-CCMA arbitration awards. It analyses the relevant case law and highlight the real practical difficulties facing worker litigants in enforcing arbitration awards in their favour. Sections 143 and 158 (1) (g) of the LRA and the relevant case law are also examined. The final section of the article deals with the enforcement of collective and settlement agreements and analyses sections 23, 24, 31,32, 33A, 51A and 158 (i) (c) of the LRA and relevant case law. The essential role of bargaining councils in monitoring and enforcing collective agreements is also highlighted. The article concludes that ‘[t]he challenge facing the labour movement is to equip its organisers with the legal knowledge and drafting skills to negotiate and draft agreements which best promote the interests of workers and avoid legal pitfalls when trying to enforce agreements which are challenged by an employer’.