Agri Kultuur August / Agustus 2016 | Page 46

I n March 2016, the CCMA launched a pilot Workplace Mediation process in the Western Cape Fruit Sector in collaboration with the Fruit Industry Value Chain Roundtable (FIVCRT). The pilot commenced in March 2016 and will run until November 2016. Lusanda Myoli CCMA ployee may invoke grievance procedure depending on nature of problem. It also does not hinder referral of a dispute to the CCMA Unlike statutory conciliation, workplace mediation agreements reached by parties are not enforceable but Workplace Mediation is a process to resolve conflict in compliance is more likely due to voluntary nature of the the workplace that may arise between the employer and process. employee(s) or between employees. It attempts to reFor purposes of the pilot project workplace mediation solve workplace problems at an early stage i.e. before may be requested through the CCMA for the following disciplinary action is taken by the employer or a grievissues: ance lodged by employee or statutory dispute resolution  any problem relating to the conduct or capacity of measures are pursued. the employee that may ordinarily lead to institution This is a voluntary private process conducted by an indeof disciplinary proceedings. Excluding gross misconpendent third party with the consent of the parties induct, discrimination and sexual harassment.any volved. The process does not replace or undermine exproblem relating to conduct of the employer that isting workplace internal disciplinary and grievance promay ordinarily lead to the lodging of a grievance incedures. Instead, it provides an opportunity to resolve ternally or the referral of an unfair labor practice disworkplace problems in a less adversarial manner withpute out compromising the employer’s right to discipline employees or the employees’ right to lodge grievances  any problem between employees that adversely impacts on the workplace. against the employer. If workplace mediation fails to resolve the problem, the Workplace mediation has enjoyed great success in counemployer may institute disciplinary proceedings or em- tries such as the United Kingdom and Ireland.