Staff Reporter
THE Office of the Labour Commissioner will be implementing stricter controls on procedures relating to the postponement of conciliation and arbitration hearings.
This was announced by Labour Commissioner Kyllikki Sihlahla, who emphasised that the directive aligns with Sections 85 and 86 of the Labour Act (Act No. 11 of 2007), as amended. She explained that the aim is to uphold the integrity of the dispute resolution process by minimising unnecessary delays and ensuring that all parties are adequately prepared for hearings.
“The Office of the Labour Commissioner has been inundated with a significant increase in the postponement of labour disputes at conciliation meetings and arbitration proceedings. This situation not only undermines the effectiveness of the dispute resolution system and contributes to an escalating backlog, but also jeopardises public confidence in the labour justice system. This directive is intended to uphold the principles of fairness, efficiency, and timely dispute resolution, which are central to the Labour Act. Effective immediately, the Office will implement stricter controls over postponement requests, particularly those resulting from inadequate preparation,” Sihlahla said.
She made it clear that postponements will no longer be granted on the grounds of insufficient preparation. She emphasised that all parties are expected to be fully prepared on the date of the scheduled hearing, which includes the presence of all necessary witnesses and the submission of all relevant documents and evidence.
“Postponement requests will be considered only in exceptional and justifiable circumstances, and must be supported by valid reasons and proof. The Office of the Labour Commissioner would like to reiterate that fairness, efficiency, and the timely resolution of labour cases are fundamental to maintaining trust in the labour tribunals. The Office therefore urges full compliance in the spirit of cooperation and respect for the legislative intent of the Labour Act, 2007,” Sihlahla added.
