Nowhere else in the world is there a country where the controlling majority favours affirmative action.  So begs the question, after 20 years of democracy does South Africa still actually benefit from this type of employment policy, is a change warranted?

 

Judges, advocates, candidate attorneys, HR and IR management, government officials, CCMA Commissioners, and employer organisations will be converging on Johannesburg next month to debate and workshop solutions to some of the key legal issues affecting South African labour.

 

In South Africa there is no doubt that the labour court case load is high. The SA Society of Labour Law’s (SASLAW) pro bono initiative, which provides free legal representation to clients who fall within the means test set by Legal Aid, has somewhat helped ease the backlog. Parties agree that this initiative by itself is not the only solution, which in short has become an undermining and injustice to not only the parties involved, but impacts negatively on the efficiency and productivity of the economy as a whole.

 

Employers affected by the nationwide strike action in the metal and engineering, and in the mining sectors, have learnt huge lessons.  Both employers and the government are now hard pressed to reconsider remuneration and wage negotiating practices, let alone scrutinise strike notices.

 

Employers are being faced with an increase in reinstatement and re-engagement requests due to the oversight of understanding even the basic of employment contracts. With unemployment fast approaching 5, 2 million, a bigger role is being called upon all stakeholders to adopt a more creative and integrated approach to halt the haemorrhaging of jobs and to rather promote job creation. 

 

Leading the debate on these and other issues are President of the Labour Appeal Court and Labour Court, Justice Basheer Waglay; Judge of the Constitutional Court, Justice Johan Froneman; Judge of the Labour Court, Justice Andre van Niekerk; Convening Senior Commission CCMA, Shawn Christianson; Faculty of Law, University of Cape Town, Professor Alan Rycroft and Professor Rochelle le Roux; alongside esteemed colleagues in the corporate sector, attorneys and the Johannesburg Bar.

 

The 17^th annual SASLAW Conference is taking place from 19-20 September in Johannesburg and calls member and non-members to participate in finding solutions to these and other pressing labour law issues.  More information and registration is found at www.saslaw.org.za