PRESENTATION TO PRESENTATION TO
THE ANNUAL LABOUR LAW SEMINAR THE ANNUAL LABOUR LAW SEMINAR 30 JUNE 201130 JUNE 2011
COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION
Imagine a workplace…
You performing the same job as someone else …but
For a Different wage
Different working conditions
Different training benefits
No or Absent management
No or low unionization
IS THIS OUR NEW NORM?
LABOUR MARKET REALITIES
New reality started creeping in when re entered the global
economy.
Not envisaged in the honeymoon period of social dialogue and a
belief of shared values (Moral and in the system).
Spirit of LRA was self regulation and strong tripartism,
everything could be resolved through dialogue.
We created institutions to embody this - NEDLAC and CCMA
LABOUR MARKET REALITIES
Early years social partners sought to comply with the social
partnership dream
We saw the benefits, decline in unprocedural strikes, good
relations in some workplaces, an outlet for disputes
Excitement in many workplaces as innovation began to occur
Dialogue, partnerships and joint decision making developed in
many workplaces
LABOUR MARKET REALITIES
As years passed, global economic realities began to hit home
Idealism faded, compliance dwindled, and a culture of
circumvention rather than compliance crept in
Economy changed…rise and rise of unemployment, poverty
remained but also services sector developed in line with global
trends……..Labour market focus changed.
Need for unskilled to need for semi skilled and skilled labour.
Finally move towards different forms of employment
relationships..outsourcing or triangles crept in, home work
Workplace is now different
LABOUR MARKET REALITIES
These changes are significant to the labour market…and the
dialogue relationships envisaged
Trend has emerged that managers no longer manage or deal
with employees, all outsourced to HR, Labour brokers or
consultants
Come running to the CCMA to sort out workplace issues and
relationships
The CCMA was there for social justice for vulnerable workers
LABOUR MARKET REALITIES
Not the reality..rub shoulders with executives…& workers
CCMA possibly contributed to this in it’s over proceduralism
phase
CCMA is now operating as envisioned, and is efficient.
This has lead to its own problem…victim of its success.
Workers, employees bypassing the establishment channels and
coming straight to the CCMA
Mandate expanded, job security project
LABOUR MARKET REALITIES
Management has out sourced its main function to manage
people
Downgraded the HR function, not always key decision making
forums
Eroded the idealistic gains of the initial phase
Move to technology, yes, but we still need people
Over emphasis on performance outcomes and management,
and less and less on people management.
So we are all busy alienating our employees
LABOUR MARKET REALITIES
From a Trade Union perspective
New economy hampers capacity to organize
Hard to get new members, new kind of workplaces
Insufficient resources to adequately service members
Inadequate skills, training
Trade Union’s tend to focus on policy to solve workplace issues
Distance between officials and membership
No leadership or direction given as a result
Trade unionism as a profession not as noble or as sexy as it was
LABOUR MARKET REALITIES
Impact on Collective Bargaining vision?
Not strategic
Neglected area by both sides
Employers have outsourced / downgraded HR & IR
Trade Unions revert to using policy and politics to change
workers’ lives
Overall in the CCMA we see a loss of skill and capacity to
bargain (loss of influence, continuity, resources)
LABOUR MARKET REALITIES
Trade Unions just pushing for higher wages?
Both sides need strategic engagement, preparation and
understanding of where they are going to
Need to have general education about the political and social
economy
Not just in times of crisis
LABOUR MARKET REALITIES
Where does this leave us?
Workers don’t believe that employers can solve their problems
Plays out where Collective Bargaining disputes are no longer
resolved in the Bargaining room
Disempowers everyone in the process – Employer, Worker and
Commissioner
LABOUR MARKET REALITIES
Why do I say this?
Increase / blurring of lines between who is business and who is
in politics
Lines are unclear in workers mind between ownership and
control of business
Who are the leaders of the country and . . . who are the leaders of
the company
LABOUR MARKET REALITIES
Greatest impact is on Collective Bargaining
Change in nature of demands, emphasis on comparison with
executive pay, class related demands
More adversarial
Post apartheid labour market has been widened, growing
income inequality, some economic growth, increase in real
wages ?
Related to conspicuous consumption, emerging tenderprenuers,
a growing elite
LABOUR MARKET REALITIES
Go back to negotiating on the shop floor and take back responsibility for management staff
Recommit to the spirit of the LRA
Build capacity, elevate the importance of HR & IR
Relook at collective agreements and how we are bargaining
Refocus attention on education and training and a real commitment to skills development
How do we revive the ideal?
Revolutionising Workplace Revolutionising Workplace RelationsRelations