Business Day - Business Law and Tax Review - - BUSINESS LAW & TAX REVIEW -

tects of the Labour Re­la­tions Act to have less in­dus­trial ac­tion, this has in­creased un­der the cur­rent dis­pen­sa­tion. Nu­pen said the Com­mis­sion for Con­cil­i­a­tion, Me­di­a­tion and Ar­bi­tra­tion (CCMA) was on an un­sus­tain­able tra­jec­tory and its fo­cus should be that of dis­pute preven­tion.

Added to this, em­ploy­ers and unions needed to build a shared vi­sion of the kind of work­place they wanted, push­ing en­gage­ments to so­lu­tion based. To get to this point, he sug­gested, among other so­lu­tions, re­la­tion­ship-driven en­ti­ties with bet­ter ed­u­cated role play­ers. The telling ques­tion asked was: “When last did you train man­agers and shop stew­ards — to­gether?”

In a panel dis­cus­sion with Malala, Nu­pen, Gold­berg and Elias Mon­age, Mon­age, who is on the CCMA board, raised a con­cern about the costs of not be­ing able to fil­ter claims as well as the ne­ces­sity to talk about vi­o­lence in strikes. He em­pha­sised the need for de­ci­sive lead­er­ship that would equate to talk­ing about is­sues that mat­ter.

Gold­berg be­moaned the short­term think­ing oc­cur­ring in a num­ber of or­gan­i­sa­tions. He echoed the view ear­lier stated of the need to build skills to en­gage each other.

Mixed mes­sag­ing is a big prob­lem. Or­gan­i­sa­tions re­ward wrong be­hav­iour. Mon­age em­pha­sised that the lack of de­ci­sive lead­er­ship en­trenched in­cor­rect be­hav­iour.

Prof In­grid Woolard dis­cussed key points of the re­port on the fea­si­bil­ity of a na­tional min­i­mum wage. There was no clear in­di­ca­tion that it af­fects em­ploy­ment ei­ther way if set at a rea­son­able rate; how­ever, if it were to be set at too high a level it would no doubt lead to job losses.

The neg­a­tive ef­fect of a na­tional min­i­mum wage can be min­imised if

Pic­ture: iS­TOCK

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