Rights vs Interest Disputes in South Africa

DIFFERENCE BETWEEN RIGHTS & INTEREST DISPUTES

Disputes of rights concern the enforcement of existing rights (whether they emanate from statutes, contracts or collective agreements), while disputes of interests concern the creation of new rights such as new wages or modification of existing collective agreements.

DISPUTE RESOLUTION PATH FOR RIGHTS & INTEREST DISPUTES

INTEREST DISPUTES

ESSENTIAL SERVICES

CCMA

BARGAINING COUNCILS

PRIVATE AGENCIES

CCMA

BARGAINING COUNCILS

PRIVATE AGENCIES

TRAINING

INVESTIGATION

WORKPLACE CONSULTATIVE STRUCTURE

MEDIATION

GRIEVANCE HEARING

DISCIPLINARY HEARING

COMPLIANCE ORDERS

TRAINING

FACILITATION

NEGOTIATION

CONSULTATION

RIGHTS DISPUTES

INTEREST DISPUTES

RIGHTS DISPUTES

INTRA FIRM DISPUTE RESOLUTION PROCESS

DEADLOCK/DISPUTE

MEDIATION/CONCLIATION

ADJUDICATION/

LABOUR COURT

LABOUR APPEAL COURT

ARBITRATION

INDUSTRIAL ACTION