Workplace disciplinary processes increasingly dysfunctional, judge says

Too many workplace disputes devoid of merit are being referred to the labour court.

This is according to Basheer Waglay, judgepresident of the Labour Appeal Court, who was speaking at the Commission for Conciliation, Mediation and Arbitration’s fourth labour conference yesterday.

“Too often the court is used to leverage a settlement. [It] is increasingly becoming an issue,” he said.

“These factors have a serious impact on the efficiency of the labour court, and added to that, especially in Johannesburg, there’s a serious shortage of courtrooms and judges.

“To become more efficient, we need at least double the number we have.

“Nearly 35% of the matters which were ready for allocation were matters devoid of any merit or should not have been referred to the labour court.”

Waglay was critical of labour relations at companies.

“Workplace disciplinary processes appear to be increasingly dysfunctional, with the referral of the court as a first resort instead of a last resort,” he said.

“Naming, shaming and blaming all too often characterise the labour relations discourse.

“Too many workplaces remain dispute-driven rather than relationship-driven.

“There is a reluctance to experiment with creative alternatives to the burden style of positional collective bargaining.

“The labour court has repeatedly commented on the futility of workplace procedures that seek to emulate criminal trials.

“[Cases are brought to court] at a massive cost for little return.

“Lawyers are not shy to bring matters to court which they know have no chance of being successful in court.”