ELRC 202324 Annual Report

EDUCATION LABOUR RELATIONS COUNCIL | 2023/24 ANNUAL REPORT

L EDUCATION LABOUR RELATIONS COUNCI

2.

OVERVIEW OF ELRC’S PERFORMANCE

2.1 Dispute Management Services DMS is committed to continuously rendering an expedited dispute resolution service to all Parties to the Council. The Council continues to schedule its cases using a hybrid methodology, including virtual platforms like Zoom and Microsoft Teams since the 2020/21 financial year, and face-to-face engagements, as per client requirements. However, all conciliations are scheduled as virtual engagements. Over time, Parties have adapted and adjusted seamlessly to the virtual process. Although some arbitration hearings are conducted on a face-to-face basis, a significant number are scheduled virtually as well. The Council has therefore seen a considerable improvement in turn-around time in finalising matters. Commissioners from different provinces can deal with cases without travelling to the different provinces and therefore spend their time more productively in dealing with cases with less time spent on travel. The use of legal representatives continues to impact the dispute resolution process negatively, as cases are not finalised speedily and efficiently and are often prolonged for more than a year. Legal representatives equate the ELRC arbitration process with that of a court of law, instead of understanding that it conducts proceedings with minimal legal formalities. Legal representation in ELRC arbitration proceedings for alleged misconduct and incapacity hearings is not allowed automatically. Applicants must apply, and after considering the relevant factors associated with an application, a Commissioner either grants or refuses the application. The ELRC aims to protect children’s rights by providing for intermediaries and interpreters during arbitration proceedings. Furthermore, the Council has secured special venues (such as magistrate courts) for hearing disputes that involve learners as either victims or witnesses. Some Provincial Education Departments (PEDs) have also set up similar court-like special venues where these disputes are heard. 2.1.1 Dispute prevention The objective of Council in dispute prevention is to employ a proactive approach and intervene to resolve grievances before they develop into disputes. The Council provides training for practitioners - both panellists and parties. Another mechanism put in place by the Council to prevent disputes is a Dispute Prevention Committee in all provincial Chambers, which provides a forum for parties to engage on matters considered to be potential disputes.

2.1.2 Facilitation and intervention No facilitation and intervention processes were dealt with during the period under review.

2.1.3 Dispute Resolution Special disputes where a child is a victim

The Council has observed that a considerable number of disputes are referred with learners involved as victims or witnesses. The Council continues to conduct capacity building workshops for panellists to deal with cases efficiently and effectively. Many courts have also allowed our special disputes to be dealt with on their premises. Although the Council struggles to recruit intermediaries, all cases in which a child is involved as a victim or witness are scheduled with an intermediary, who is there to protect the interests of the children. The Council deals with special disputes in terms of Collective Agreement No. 3 of 2018 (Inquiry by the Arbitrator). Appointments and promotions The Council has a collective agreement on appointments and promotions as a means of managing these types of disputes. This collective agreement serves as a guideline for Departments, Commissioners and practitioners alike when

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