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Understanding the Efficiency and Effectiveness of the Dispute Resolution System in South Africa:An Analysis of CCMA Data

Author

Listed:
  • Haroon Bhorat
  • Kalie Pauw
  • Liberty Mncube

    (Development Policy Research Unit
    Director and Professor)

Abstract

This paper, while broadly located within reforming the labour market policy debate, is specifically focused on one aspect of the labour regulatory regime, namely the dispute resolution system. Hence, we attempt to understand the efficiency and effectiveness of the country’s institutionalised dispute resolution body, the Commission for Conciliation, Mediation and Arbitration (CCMA). A better and more informed understanding of the nature of dispute resolution and its determinants, it would seem, remains central to any detailed debate regarding labour market institutions in particular and labour market regulation in general. Ultimately then, the study intends to empirically verify the patterns of dispute referral, settlement and determination regionally, sectorally and historically. It should be noted at the outset that this paper, possibly for the first time for South Africa, provides a detailed economic and econometric analysis and interpretation of dispute resolution in the post-apartheid period.

Suggested Citation

  • Haroon Bhorat & Kalie Pauw & Liberty Mncube, 2009. "Understanding the Efficiency and Effectiveness of the Dispute Resolution System in South Africa:An Analysis of CCMA Data," Working Papers 09137, University of Cape Town, Development Policy Research Unit.
    • Handle: RePEc:ctw:wpaper:09137
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    File URL: http://hdl.handle.net/11427/7287
    File Function: First version, 2009
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    References listed on IDEAS

    as
    1. André van Niekerk, 2007. "Regulating Flexibility and Small Business: Revisiting the LRA and BCEA. A Response to Halton Cheadle’s Concept Paper," Working Papers 07119, University of Cape Town, Development Policy Research Unit.
    2. Heckman, James, 2013. "Sample selection bias as a specification error," Applied Econometrics, Russian Presidential Academy of National Economy and Public Administration (RANEPA), vol. 31(3), pages 129-137.
    3. Halton Cheadle, 2006. "Regulated Flexibility and Small Business: Revisiting the LRA and the BCEA," Working Papers 06109, University of Cape Town, Development Policy Research Unit.
    Full references (including those not matched with items on IDEAS)

    Citations

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    Cited by:

    1. Benjamin, Paul,, 2013. "Assessing South Africa's commission for Conciliation, Mediation and Arbitration (CCMA)," ILO Working Papers 994802973402676, International Labour Organization.
    2. Haroon Bhorat, 2012. "A Nation in Search of Jobs: Six Possible Policy Suggestions for Employment Creation in South Africa," Working Papers 12150, University of Cape Town, Development Policy Research Unit.
    3. Haroon Bhorat & Karmen Naidoo & Derek Yu, 2014. "Trade Unions in an Emerging Economy: The Case of South Africa," WIDER Working Paper Series wp-2014-055, World Institute for Development Economic Research (UNU-WIDER).
    4. repec:ilo:ilowps:480297 is not listed on IDEAS
    5. Bhorat, Haroon & Naidoo, Karmen & Yu, Derek, 2014. "Trade unions in an emerging economy: The case of South Africa," WIDER Working Paper Series 055, World Institute for Development Economic Research (UNU-WIDER).
    6. Ige Adejoke Yemisi, 2017. "Understanding the Nature and Process of Alternative Dispute Resolution and Collective Conciliation: Lessons from United Kingdom, Canada, South Africa and Japan," International Business Research, Canadian Center of Science and Education, vol. 10(11), pages 103-110, November.
    7. Haroon Bhorat & Carlene van der Westhuizen, 2009. "A Synthesis of Current Issues in the Labour Regulatory Environment," Working Papers 09136, University of Cape Town, Development Policy Research Unit.
    8. Paul BENJAMIN & Haroon BHORAT & Halton CHEADLE, 2010. "The cost of “doing business” and labour regulation: The case of South Africa," International Labour Review, International Labour Organization, vol. 149(1), pages 73-91, March.
    9. Martin Abel, 2017. "Labor market discrimination and sorting: Evidence from South Africa," SALDRU Working Papers 205, Southern Africa Labour and Development Research Unit, University of Cape Town.

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    More about this item

    Keywords

    South Africa: labour regulation; Labour Regulatory Environment; Dispute resolution; CCMA;
    All these keywords.

    JEL classification:

    • A1 - General Economics and Teaching - - General Economics

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