A Critical Review of Labour Commissioners' Dilemmas When Dealing With Workplace Disputes in South Africa

Abstract

Purpose: The overarching purpose of the study is to review the existing literature on the immense challenges faced by South African labour commissioners when dealing with labour disputes. Upholding decent work is indispensable to dispel injustice and poor working conditions at the workplace. Theoretical reference: It is one of the key sustainable development goals the United Nations sets in which South Africa is a member state. Labour commissioners of the Commission for Conciliation, Mediation and Arbitration in South Africa play an integral role in accomplishing decent work through adjudicating labour disputes between employees and employers. Method: The study adopted a systematic review method. The study extensively reviewed the available literature, which include published research articles, conference papers, reports and policy documents over the period 2012–2022 from Scopus, Web of Science, Google Scholar and ScienceDirect databases. Results and Conclusion: The study found unparalleled challenges, which include illiteracy and poor level of education among the complainants, mounting reported labour caseload, increase in labour matter reviews, re-filing of cases dealt with due to unimplemented awards, poor access to training of the commissioners, among others. Implications of research: The study provides critical policy implications to address labour commissioners' challenges in South Africa. The management must also ensure that the complainants have access to adequate technology whenever they contemplate conducting their dispute resolution process via digital platforms. Originality/value: However, despite labour commissioners facing challenges linked to their work, which compromise their ability to discharge their duties effectively, studies have yet to be conducted to specifically examine the challenges faced by labour commissioners in South Africa.