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.