Grievance Procedure Revision 3-5 PDF

Revision 3-5 THE GRIEVANCE PROCEDURE In disciplinary action, management is dissatisfied with an action of the employee, hence, the reason for a disciplinary action. But in a grievance, the employee is expressing dissatisfaction with some aspect of the job situation or a perceived violation...

Revision 3-5 THE GRIEVANCE PROCEDURE In disciplinary action, management is dissatisfied with an action of the employee, hence, the reason for a disciplinary action. But in a grievance, the employee is expressing dissatisfaction with some aspect of the job situation or a perceived violation of rights. - Typical grievances may be perceptions of pay inequity, unsatisfactory working conditions, racial or gender discrimination and unfair treatment by a supervisor. Allegations of unfair labor practices or unfair discrimination that are unresolved at the workplace may, in terms of the LRA, be referred to a bargaining council or the CCMA. (1) The grievance procedure Grievance procedures must include specified time frames that should be adhered to if the procedure is to be credible. Dysfunctional behavior such as go-slows and sabotage, which lead to lost production and disciplinary action, may be eliminated by providing an orderly outlet for means of redress. (2) The process of filling a grievance by an employee or group of employees The steps in the grievance procedure fall into three stages: a. Informal procedure at the workplace The employee may approach their immediate supervisor, verbally state their complaint and request that the supervisor assist in the resolution of the grievance. They may do this with the help of their shop steward. There are several reason why resolution at this level might be difficult. The grievance may directly involve the supervisor, who may be unable to address it impartially b. Formal procedure resulting in a grievance hearing at the workplace Formal grievance are normally set out in writing by the employee on a prescribed form. Information of the nature of the complaint, and the desired action by the employee to resolve the grievance should be provided. By formalizing the grievance, the complaint is given substance and the real nature of the grievance is more easily identified. A chairperson not directly involved in the complaint must be appointed to hear the grievance. The shop steward may present the case on behalf of the employee if requested to do so. Should the parties be unable to resolve the grievance at the meeting, the chairperson may call for further information or witnesses. Should the employee still be dissatisfied at the outcome of the hearing, they may refer their grievances to the CCMA or bargaining council UNFAIR DISMISSAL LEGISLATION AND DISCIPLINARY PROCEDURES 1) The meaning of Dismissal “Dismissal”, according to the Act, means that: a. An employer has terminated a contract of employment with or without notice; b. An employee reasonably expected the employer to renew a fixed-term contract, but offered to renew it on less favorable terms or did not; c. An employer refused to allow an employee resume work after she took maternity leave; d. An employer who dismissed several employees for the same or similar reasons has offered to re-employ one or more of them and not all; e. An employee terminated a contract of employment with or without notice because the employer made continued employment intolerable. (2) Unfair dismissal i. Automatically unfair dismissals - Dismissal will be automatically unfair if the reason for the dismissal is one or more of the following: a. The exercise of rights or participation in a trade union or workplace forum activity by an employee; b. The employee who is taking part in a protected strike was locked out, unless that work is necessary to prevent actual danger to life or health. c. The employee exercised his or her rights in terms of the Act, for example, rights to freedom of association or participation in workplace forums. d. The reason is pregnancy of the employee, intended pregnancy or any reason related thereto; e. The employer discriminated against the employee directly or indirectly, on race, gender, sex, ethnic, color, sexual orientation, age, disability, etc; f. The reason is pregnancy of the employee, intended pregnancy or any reason related thereto  3) The theory of positive discipline Discipline in the past has been exercised in an authoritarian and inconsistent manner. In contrast, positive discipline consists of supervisory leadership that develops a willing adherence to the necessary rules and regulations of the organization. In such context, the purpose of disciplinary action is to change behavior, and not solely to invoke penalties for offences. There are four general goals of discipline in society, namely i. rehabilitation (counselling by the supervisor is an important aspect of discipline, and maybe prescribed before penalties are applied), ii. deterrence (dismissal can acts as a deterrent to other poor attendees), iii. prevention (moving the offender to an area where an offence is unlikely to be repeated), and iv. retribution (punishment inflicted on someone as vengeance for a wrong or criminal act).  (4) Disciplinary codes Because of the desirability of consistency in disciplinary penalties, an organization should have a code which sets out possible offences, and the corresponding disciplinary action which may result. Factors that should be considered are: i. Whether or not the employee contravened a rule or standard regulating conduct in, or of relevance to, the workplace; and ii. If a rule or standard was contravened, whether or not: - The rule was a valid or reasonable rule or standard - The employee was aware, or could reasonably be expected to have been aware, of the rule or standard - The rule or standard has been consistently applied by the employer - Dismissal was an appropriate sanction for the contravention of the rule or standard. Disciplinary penalties A final written warning must indicate clearly what the employee has done wrong and what action should be taken to avoid the same offence. A follow-up interview must be planned. The serious consequences of committing the same offence must be explained Common practice is to remove a warning after a period of 6 to 12 months. A warning cannot be kept indefinitely The ultimate sanction of dismissal should be imposed lightly, as the employee concerned may lose everything worked for over many years; not only a job, but also benefits such as pension and housing Disciplinary procedure Disciplinary procedures provide the means for employees to express their views and to defend themselves at every stage of the process. Disciplinary action must commence within a reasonable time after the offence has been committed. Shop stewards need training so as to be able to defend their members’ interests during disciplinary procedures and insist that fair procedures are followed. (7) Disciplinary enquiries for misconduct The primary object of the enquiry, whatever form it takes, is to endeavor to investigate any complaint against an employee, as honestly and objectively as possible. There is an obligation “to hear the other side”. An employee should not be subjected to a second disciplinary enquiry relating to the same offence, as this would place the employee in what is termed “double jeopardy”. However, the Labor Appeal Court has ruled that, whether or not a second disciplinary inquiry may be brought against an employee would depend on whether, in all circumstances, it is fair to do so. ENQUIRIES RELATED TO INCAPACITY Whilst the above procedure relate to dealing with the misconduct of employees, similar procedures are required to deal with incapacity. This may be due to a variety of factors, including incompatibility, incompetence, injury, illness and the ageing process. 1. Incapacity: Poor work performance A newly hired employee is given a probation period, so as to give the employer an opportunity to evaluate the employee’s performance before confirming the appointment. Any dismissal during the probation period should be preceded by an opportunity for the employee to state a case in response to the charge. 2. Incapacity: Ill health or injury Incapacity on the grounds of ill health or injury might be temporary or permanent. If an employee is temporarily unable to work in these circumstances, the employer should investigate the extent of the incapacity or the injury. If the employee is likely to be absent for an unreasonably long time, the employer should investigate all the possible alternatives short of dismissal. In the case of permanent incapacity, the employer should ascertain the possibility of securing alternative employment, or adapting the duties or work circumstances of the employee to accommodate the employee’s disability. Disputes arising from dismissal due to reasons of incapacity as with dismissals arising from misconduct, may also be referred to a bargaining council or the CCMA RETRENCHMENT PROCEDURES Retrenchment specifically applies to the dismissal of a worker due to operational requirements. This may occur due to reduced economic activity and the need for management to cut back on production. In some cases, the retrenchment may not be permanent and the employee may be re-employed when the economic situation improves. On the other hand, organizational restructuring or technological redundancy, where the job no longer exists due to the fact that technology has in effect replaced a person, may lead to permanent job loss. Dismissals based on operational requirements The conditions are summarized below and should be followed, whether or not they have been incorporated into a procedural agreement. a. Requirement to consult - The employer must consult the workplace forum, and any registered trade union whose members are likely to be affected. b. Notice and information regarding pending retrenchment - When contemplating dismissal for operational requirements, the employer must issue a written notice inviting the other consulting party to consult with it, and must also disclose in writing all relevant information, giving reasons for the proposed dismissals, alternatives considered. c. The consultation process - The period over which consultation should take place is not defined in the Act. - Proper consultation includes the opportunity for the employees and employer to meet the request, receive and consider information  d. Proposed solutions - These generally include some of the following: A moratorium on hiring new workers; Elimination of overtime or Sunday work; The introduction of a shorter working week; Resolving lay-offs and job sharing; Implementation of an early retirement scheme; Voluntary retrenchment scheme; Termination of temporary and/or contract employees Retraining of employees; and Granting of unpaid leave. e. Selection criteria - The principle of LIFO (Last In First Out) is generally preferred by trade unions. f. Severance pay The employer and workplace forum or trade union generally seek to reach agreement on the amount of severance pay to be paid on dismissal. Severance pay is linked to the years of service of each employee. Such amounts may also be specified in bargaining council agreements  g. Notice of dismissal - Each employee is entitled to be informed as soon as possible of the pending retrenchment, so as to facilitate the finding of alternative employment. h. Preferential rehiring - Re-employment guarantees are not included in the LRA but are included in most collective agreements, ensuring that retrenched workers will receive first preference, if and when re-hiring takes place. - Re-employment rights are strongly fought for by most trade unions. i. Status of the collective agreement - Having agreed to a retrenchment procedure, management must ensure that it adheres to the agreement, as a material failure to comply with these provisions would constitute a breach of a collective agreement. j. Dispute resolution - The LRA provides that a dispute regarding dismissal for operational reasons may be referred to a bargaining council that has jurisdiction or the CCMA for conciliation within 30 days of the date of the dismissal. - If the dispute still remains unsettled after 30 days, the employee may refer the dispute to the Labor Court. Negotiations Negotiation has been and will continue to be fundamental to labor relations in South Africa. Negotiations may take place: - Between the state, organized labor and employer federations in structures such as NEDLAC. - Between trade union representatives and management; - Between shop stewards and supervisors; or - Between a single employee and his or her employer. The scope for negotiation as a means of resolving a wide variety of conflicts is broad. But whilst negotiation occurs on a daily basis, the process is often imperfectly understood and poorly practiced. DEFINING THE PROCESS There are several elements that characterize the process of negotiation: i. It is a verbal interactive process; ii. Involving two or more parties; iii. Who are seeking to reach an agreement; iv. Over a problem or conflict of interest between them; and v. In which they seek as far as possible to preserve their interests, but adjust their views and positions in the joint effort to achieve agreement. The adjustment of positions during negotiation comes about because the parties acknowledge their dependence on one another. Without this interdependence and where extreme imbalance of power occur, there is no need to negotiate. The parties need to adhere to the rules of “good faith bargaining” if the process of negotiation is to be effective. Good faith implies that the parties approach negotiation with the intention of reaching an agreement, and that they behave in a manner that is conducive to reaching such an agreement. Commitment to adhering to the agreement is also part and parcel of good faith bargaining Functions and limitations of Negotiation Conflict is an essential and integral part of society and that it facilitates change – if contained within reasonable bounds Negotiation: i. Is seen as an important mechanism providing for the release of tension generated by conflicts which arise at the workplace; ii. Encourages the flow of information and may produce novel solutions to problems; iii. May result in outcomes whereby both parties gain from the interaction; iv. Is a democratic process whereby employees, through the process of mandating their leadership, have input into the determination of basic conditions of employment and involvement in joint decision-making over aspects of the organization that directly affect their lives. But, negotiation is not the only, or the preferred, solution to all labor relations conflicts. - Parties who find their power resources limited in a negotiating forum may resort to using their legal power and opt for conciliation, arbitration or adjudication in the Labor Court in certain instances. Disputes of rights are often settled in such a way rather than through negotiation The functions and limitations of negotiation 1. Power testing The negotiation process works well when both parties have sufficient bargaining power to exert significant pressure on another and where, as a result, the respect each other sufficiently to see negotiation as an acceptable alternative to destructive conflict. Frequently, the power holders may be pressed by the less powerful but, because of some measure of interdependence, they are prepared to concede in some areas. This is also a necessary concession, for if the weaker side consistently perceives and experiences no benefits, the option of negotiation will not survive. Where the employer perceives that it has sufficient power, it may prefer naked coercion to negotiation. The employees may respond with tactics such as go-slows or even forms of sabotage of company products. Parties are compelled to enter into negotiations when coercive tactics fail, a stalemate (standstill) is reached and interdependence is acknowledged. Thus, where a perceived weaker party tests a power holder and succeeds, a new power reality will be established, which may then be used more boldly and frequently. Negotiation as a means of resolving labor relations problems is an ongoing process of power testing in most large organizations and, as such, it cannot remove conflict from the workplace  The outcomes of negotiation Where negotiation concerns wages and working conditions, outcomes are influenced by and impact upon the market economy. The purpose of collective bargaining is not to determine the right wage or even necessarily a fair wage, but levels of pay are determined by a broad variety of factors including the interplay of market forces and negotiating pressures. Unions may wish to argue on the basis of what is considered a living wage, but the final outcome may be neither right nor fair and no more than the best compromise attainable under the given circumstances. Trade union members may sometimes become disgruntled when expected wage increases are not forthcoming, or management may feel that it has been compelled to concede more than it can afford. But negotiation, as a process, can only survive where the parties at least accept the outcome and live by their agreements Traditional modes of Bargaining Distributive Bargaining Distributive or competitive bargaining is associated with situations in which parties with competing interests are involved in a process of dividing a limited resources among themselves. It was traditionally regarded as the dominant activity in the union/management relationship. Salary negotiation in South Africa typically fall under such a definition. Here, the goals of the employer and the employees are in direct conflict and the outcome generally represents a gain for one party and a loss for the other. This is the familiar win-lose situation. Fisher and Ury (1981) described this form of bargaining as “positional bargaining”. Moving to new positions is not easy under the circumstances as it may involve a loss of face and may be seen as a sign of weakness by the other party. Distributive or positional negotiation is thus fraught with (likely to result in) tension, yet somehow the process in the majority of cases eventually leads to an outcome which is acceptable to both parties. Integrative Bargaining Through negotiation, a win-win outcome could be achieved. Common problems could be focused upon and solutions to problems, such as health and safety conditions, absenteeism and labor turnover and the introduction of new technology, could be agreed upon. Open communication and real focus on the issue by people closest to the problem were seen as characterizing the process of integrative bargaining. Alternatives should be searched and the consequences of each alternative must be determined before a final decision is made. THE PROCESS OF DISTRIBUTIVE OR COMPETITVE BARGAINING Fear of co-option, different ideologies and beliefs, and pressures from constituencies support a more competitive approach to negotiation Whilst the complexities of such negotiations vary, there are features common to all wage negotiations. There are five phases in distributive bargaining: 1. Preparation for negotiation a. Information must be collected that is relevant to the enterprise or union surrounding the issues that have been put on the table. A first task will be to collect all the information that could have a bearing on the determination of the final agreement. Unions and employers generally end up collecting similar information. b. The parties must choose their negotiating teams with a back-up support system to feed in the required information. c. The identification of all the bargaining issues and ranges expected that will be included in the negotiation and opening demands or responses to offers and fall back positions for each issue must be determined. The area between the demand and the first offer is called the “bargaining range” and sets the limits within which the negotiations will be carried out. d. Strategic planning is required. This involves consideration of the use of attitudinal structuring to establish a specific climate in which negotiations will be conducted; an assessment of power realities should negotiations be pushed to a strike or lock-out situation  2. Opening the negotiation The first negotiation session is generally extremely important in that the climate for bargaining is set, the bargaining boundaries established, offers and demands justified, and manipulative attempts made to influence the expectations of the other party. The bargaining boundaries, or what is termed the bargaining range, are established by the opening demands of the union and the first counter-offers and demands of management. Debate may ensue as to whether the items will be negotiated separately or whether a total package is to be negotiated. The order in which the items are to be negotiated may also be disputed. Arguments motivating these positions then follow. Defense of positions must be backed up by solid reasoning. Manipulation of expectations obliges negotiators into the area of “bluff” (try to deceive someone as to one's abilities or intentions). Bluffing is often only a short step away from dishonesty and leads to bad faith bargaining.  3. The actual bargaining process The actual bargaining process can be broken down into four phases, namely signaling, proposing, bargaining the package, and closing the agreement (Anstey, 2006). i. Signaling The parties have to begin signaling to one another the areas on which they are perhaps prepared to move. Some signals may even be overlooked by the opposing party and incorrectly interpreted as intransigence. This is especially so in a multi-lingual country such as South Africa. ii. Proposing Arising from the generation of ideas through the signaling phase, cautious proposals may begin to emerge. On the other hand, where movement is not forthcoming, parties may use a variety of pressure tactics. Anstey (2006) suggests tactics to ensure proper exploration of proposals: a. Avoid interrupting proposals – listen before responding. b. Avoid making immediate counter-proposals – explore the thinking of the other party first. iii. Bargaining and packaging - The next bargaining phase is crucial, as proposals are integrated and shaped by the parties into packages that are acceptable to one another. - Some demands for items may be conceded by the union, in return for gains in areas of priority to members. Conditions should always be linked to concessionary offers.  iv. Closing the agreement It is at the final phase that last ditch efforts are often made to exhibit power and strength by both parties, so as to extract the last concessionary drop from the negotiation. 4. Reviewing the negotiating process It is good practice for the parties to review the process once it has been completed. An assessment should be made of the planning for the process, the performance of the negotiating team and the outcome, so that their negotiating skills may be improved. Both parties must review the process and assess whether their actions have been ethical. 5. Living with the collective agreement Administering the agreement and its interpretation often becomes the next focus of negotiation between the parties. Parties, for example, may have agreed to implement a new job grading system, only to find that new problems have been created. Living with agreements may sometimes be as conflictual as their achievement. This stage of the collective bargaining relationship is termed “peace obligation” stage. During this period, the strike weapon is inappropriate, as parties are not entitled to strike over an agreed condition that is included in a collective agreement. Another major aspect of living with the agreement is the interpretation of actual clauses that have been agreed to. Getting employees to understand what has been agreed to may also be difficult if management and the unions have not communicated clearly Conciliation Process CONCILIATION Conciliation is seen as a direct intervention process whereby a third person, the conciliator, plays an active role as a fact finder and initiator of creative ideas to assist parties who are in dispute to resolve disputes, conflicts, or disagreements and reach their own mutually acceptable agreement. At a micro-level, conciliation may take place within a specific workplace or department thereof, or between a single employee and manager, or even between two employees. At a macro-level, conciliation may be used to resolve disputes at an enterprise, sectoral or national level. Conciliation and Mediation are often used synonymously in South Africa. 1. The impetus for (pressing for/energy for) conciliation The conciliation process is generally triggered when a party voluntarily decides to refer a matter for conciliation. This may occur when they recognize that a deadlock has arisen in their attempt to resolve the dispute. Conciliation may be used to resolve disputes of both rights and interests. A deadlock may arise for various reasons, namely: a. Negotiations may have become stalled due to a stalemate being reached, usually in wage negotiations; b. There may be a lack of fresh ideas to give impetus to negotiation and to finding creative solutions;  c. The gap between demand and offer may be so large that conciliation is needed to assist the parties to move from their bottom-line positions; d. One or both of the parties may require a third party to convince their constituents to move from their entrenched positions; or e. Different legal interpretations of rights may have arisen. Functions of Conciliation In general, the functions of conciliation are to create an environment that provides for: i. Clarification and focus on the issues in dispute; ii. Improved communication between the parties; iii. Controlled release of tension by allowing parties to air their grievances in front of an impartial person; iv. More objective fact-finding; v. Exploration of the real interests of the parties; vi. Creativity in seeking alternative solutions; vii. A more realistic view of the power balance between the parties; viii. Resolving offers and counter-offers by an experienced “go-between” until an agreeable settlement point is determined; ix. Help draft a formal and clear agreement that reflects the outcome of any settlement; and x. Finally, achieving a formal agreement, usually, in writing, that is perceived as legitimate by both parties The role of the concilator i. The conciliator acts as a “go-between” between the parties. ii. The conciliator should be acceptable to all the parties and have no interest in the matter that could be detrimental to the process. iii. The conciliator has no decision-making power to determine the final agreement. The power to make the final agreement always lies with the parties themselves. - But, while having no decision-making powers, the conciliator may wield significant influence over the process.  iv. Confidentiality over certain matters may be requested. v. Open and transparent. vi. The power of persuasion and the conciliator’s expert knowledge and experience are all brought to bear on the process. vii. The conciliator generally assists the parties in evaluating their own demands and the offers that may already be on the table in a more realistic light. viii. Achieving the final agreement. ix. Conciliators also have to deal with the fact that the parties may not be truthful. Parties may have hidden agendas. - This may arise when a party wants to proceed to a strike or legal action. Attributes of the Conciliator i. Can listen empathetically; ii. Demonstrate impartially and objectively; iii. Be reliable, trustworthy, and ethical in conducting the process; iv. Encourage creativity; v. Be assertive; vi. Have legal knowledge and an understanding of labor relations; vii. Display good chairing skills; viii. Be patient but persistent; and ix. Show a sense of humor to relieve tensions where necessary. A fundamental aspect is that the conciliator maintains the respect of the parties throughout the process - Currently, this service is provided without charge to the parties. - Bargaining Councils also provide a panel of conciliators and arbitrators. Arbitration Unlike the role of conciliators, arbitrators have the ultimate power to make a final decision unless the decision is overturned in a court. Arbitration may be defined as a direct intervention process whereby a third person, the arbitrator, plays a decisive role in resolving a dispute between two parties by conducting a fair hearing and weighing up agreement and evidence and making a final decision to which the parties must adhere. 1. The impetus for (pressing for/energy for) arbitration The arbitration process is generally triggered when a party voluntarily refers a matter to an arbitrator for a final decision. Arbitration may be used to resolve disputes of both rights and interests, but arbitration is a process generally considered most appropriate for resolving disputes of rights. - Disputes concerning unfair discipline or dismissal, organizational rights of unions, and interpretation of agreement are commonly referred to as arbitration. - Arbitration is a process that takes place outside the ambit of the courts. It is conducted by persons with formal legal training. Functions of Arbitration Opportunity for employees and employers to easily promote and defend their rights; A fair hearing of the dispute by an independent, well- trained person; A certain procedure for resolving disputes which may have built-in time frames for reaching finality; A binding dispute resolution mechanism where negotiation and conciliation have failed; A means to avoid unnecessary labor unrest; and Development of theory or philosophy of law regarding the interpretation of labor legislation. The role of the arbitrator The role of the arbitrator is first to establish the basis of the dispute. Generally, the dispute arises in terms of specific labor legislation, and most arbitration occurs over disputes of unfair dismissal. An arbitrator must provide an opportunity for cross-examination of witnesses. The arbitrator must ensure a fair hearing. Arbitrators may require that interpreters be present where language problems arise. An on-site inspection may be arranged should the arbitrator need to visit a site where an incident occurred. An arbitrator must keep a written record of the proceedings and may also tape-record the proceedings. The arbitrator must give the basis for his/her decision and may refer to previous arbitration awards or court decisions in concluding. A formal written arbitration report setting out the arbitrator’s reasoning must be provided to the parties. This award must be stated and free of ambiguity Attributes of Arbitrators i. Have an ability to control the arbitration process; ii. Listen intently and pay attention to fine detail; iii. Display knowledge of the legal process, labor law, and theory; iv. Demonstrate a capacity to be impartial in providing a fair hearing; v. Be independent and have no interest in the outcome of the dispute; vi. Be reliable, trustworthy, and ethical in conducting the process; vii. Be free of prejudice and stereotypical thinking; viii. Be capable of evaluating complex data and exercising sound judgment; ix. Have good writing skills; and x. Complete reports and make awards timeously COMMISSION FOR CONCILLIATION, MEDIATION AND ARBITRATION (CCMA) One of the major innovations of the Labor Relations Act (LRA) is the establishment of the CCMA. The CCMA has been largely modeled on the successful Advisory, Conciliation, and Arbitration Service in Britain. An important aspect of the CCMA is that it is independent of any political party, trade union, employer, employer organization, federation of trade unions, or employer organizations. CCMA has accredited bargaining councils, which have jurisdiction to conciliate and arbitrate disputes in their sectors, thus lightening the caseload of the CCMA 1. Functions of the CCMA i. Attempt to resolve any dispute referred to it in terms of the Act through conciliation; ii. Arbitrate if a dispute remains unresolved after conciliation; iii. Assist in the establishment of workplace forums; and iv. Compile and publish information and statistics about its activities The Governing body of the CCMA The CCMA is governed by a body of a chairperson and nine (9) other members, each nominated by NEDLAC (National Economic Development and Labor Council) and appointed by the Minister, to hold office for a period of three years. Committees that assist the commission may be established. These committees may consist of combining any of the following persons: i. A member of the governing body; ii. A director; iii. A commissioner; iv. A staff member of the commission; or v. Any other person.  Appointment of Commissioners The governing body must appoint commissioners as many persons as necessary and determine their remuneration. Director of the CCMA The governing body must appoint a skilled director in labor relations and dispute resolution. Finances of the CCMA The CCMA is financed from public funds, fees, grants, donations, and income earned on any surplus amounts of money invested. - The CCMA may charge a fee under a tariff established by the governing body for resolving disputes, conducting elections or ballots, and providing advice or training. - Currently, access to the CCMA is free. Call Centre The CCMA established a call Centre in 2002 to provide information to the general public about the CCMA services and general labor legislation. Labour Court The Labor Court is a superior court, equal to the High Court. Any decision, judgment, or order of the Labor Court may be served and executed. 1. Composition of the Labor Court i. A judge President; ii. A Deputy Judge President; and iii. As many judges as the President may consider necessary, acting on the advice of NEDLAC 2. Functions and powers of the Labor Court The court may make an appropriate order to resolve any dispute referred through: i. Granting urgent interim relief; ii. An interdict (authoritative prohibition); iii. An order directing the performance of any particular act; iv. An award of compensation; v. An award of damages; and vi. An order for costs.  Review of arbitration awards The Labor Court may review arbitration awards where any party alleges a defect in arbitration proceedings. A defect means that the arbitrator committed misconduct, a gross irregularity, or exceeded their powers. Appeals against judgment or order of Labor Court Any party may apply to the Labor Court for leave to appeal to the Labor Appeal Court against any final judgment or final order of the Labor Court Labour Appeal Court This is the final court of appeal in respect of all judgments and orders made by the Labor Court. The court has jurisdiction in all the provinces of the Republic. Appointment of judges of Labor Appeal Court The President, acting on the advice of NEDLAC and the Judicial Services Commission, after consultation with the Minister of Justice and the Judge President of the Labor Appeal Court, must appoint the three judges. Powers and functions of the Labor Appeal Court The Labor Appeal Court has exclusive jurisdiction to hear and determine all appeals against the final judgments and orders of the Labor Court and to decide any question of law arising in Labor Court cases. No appeals lie against any decision, judgment, or order by the Labor Appeal Court