Sweet reason, not conflict, new labour market motto

RULES governing the prevention and resolution of workplace disputes will undergo a radical overhaul under a new Bill set to replace the current Labour Act.

A hefty document presented to the National Assembly yesterday consolidates most of the provisions contained in the 1992 Act, but adds certain minor amendments pertaining to maternity leave, collective bargaining, working hours and child labour. Motivating the Bill in the National Assembly, Labour Minister Marco Hausiku said the current dispute resolution mechanisms, which entailed working through the courts, were adversarial and confrontational.He said the courts were overburdened by their caseloads, adding that the bureaucratism of the judicial route resulted in frequent delays.Access to the legal system has also been highlighted as a major setback for less well-off employees.”The District Labour Courts have lost credibility due to severe backlogs,” said Hausiku.”The orders and decisions are difficult to enforce and implement due to the unclear divisions of responsibility of court officials and labour inspectors,” said Hausiku.Interim orders granted by the Labour Court have been viewed by those in the workplace as fuelling conflict and inducing violence.Hausiku said dispute resolution procedures laid down in the current Labour Act were merely a means to foster legal strikes and lockouts.Under the proposed legislation, the Labour Courts will retain their powers of review and appeal in certain disputes, but ultimately a formal conciliation and arbitration procedure is being recommended.Should conciliation fail to settle the dispute, the process will proceed to arbitration.Individuals will also still be able to approach the Labour Court directly on any matter affecting workplace conditions.Employee strikes will be legal only if a dispute remains unresolved for 30 days after the date of referral.The Minister informed MPs yesterday that the training of arbitrators was already under way.Statistics concerning disputes currently handled in court indicate that under the new system 15 full-time and about 10 part-time arbitrators will be required.The drafting of a new Act has also been prompted by the recognised need to simplify the form and language of the current Act, much of which is regarded as legalese by people not versed in the law.With the passing of the newly consolidated law, the 1992 Act will be repealed.The legislation is on the House’s agenda for debate next week.Motivating the Bill in the National Assembly, Labour Minister Marco Hausiku said the current dispute resolution mechanisms, which entailed working through the courts, were adversarial and confrontational.He said the courts were overburdened by their caseloads, adding that the bureaucratism of the judicial route resulted in frequent delays.Access to the legal system has also been highlighted as a major setback for less well-off employees.”The District Labour Courts have lost credibility due to severe backlogs,” said Hausiku.”The orders and decisions are difficult to enforce and implement due to the unclear divisions of responsibility of court officials and labour inspectors,” said Hausiku.Interim orders granted by the Labour Court have been viewed by those in the workplace as fuelling conflict and inducing violence.Hausiku said dispute resolution procedures laid down in the current Labour Act were merely a means to foster legal strikes and lockouts.Under the proposed legislation, the Labour Courts will retain their powers of review and appeal in certain disputes, but ultimately a formal conciliation and arbitration procedure is being recommended.Should conciliation fail to settle the dispute, the process will proceed to arbitration.Individuals will also still be able to approach the Labour Court directly on any matter affecting workplace conditions.Employee strikes will be legal only if a dispute remains unresolved for 30 days after the date of referral.The Minister informed MPs yesterday that the training of arbitrators was already under way.Statistics concerning disputes currently handled in court indicate that under the new system 15 full-time and about 10 part-time arbitrators will be required.The drafting of a new Act has also been prompted by the recognised need to simplify the form and language of the current Act, much of which is regarded as legalese by people not versed in the law.With the passing of the newly consolidated law, the 1992 Act will be repealed.The legislation is on the House’s agenda for debate next week.