Back to: Introduction to the Labour Relations Act (LRA)
2.5 Procedures for Disputes and Burden of Proof
The Labour Relations Act outlines specific procedures for resolving disputes about the interpretation or application of the rights discussed in this module. Any party to a dispute may refer the dispute in writing to a council, if the parties fall within the registered scope of that council, or to the Commission for Conciliation, Mediation, and Arbitration (CCMA) if no council has jurisdiction.
The party referring the dispute must provide evidence that a copy of the referral has been served on all other parties involved. The council or the Commission will then attempt to resolve the dispute through conciliation. If conciliation fails, any party to the dispute may refer it to the Labour Court for adjudication.
In any proceedings under this chapter, the burden of proof is structured in a specific manner. The party alleging that a right or protection has been infringed must prove the facts of the conduct. Once the conduct is established, the party that engaged in the conduct must prove that it did not infringe any provision of this chapter.
These procedures and burden of proof ensure a fair and transparent process for resolving disputes related to freedom of association and general protections. They provide a clear framework for both employees and employers to assert their rights and seek redress when necessary.
Key Takeaways:
Employees have the right to form, join, and participate in trade unions and their activities.
Employers have the right to form, join, and participate in employers’ organisations.
Both employees and employers are protected from discrimination for exercising their rights under the Act.
Trade unions and employers’ organisations have specific rights to self-governance and international affiliation.
Clear procedures exist for resolving disputes and the burden of proof is well-defined.
This concludes Module 2. In the next module, we will explore the provisions of the Labour Relations Act related to collective bargaining. Thank you for your attention, and we look forward to continuing this journey with you.