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Industrial Relations Act amendment: Forced Covid-19 vaccination, Labour brokers to be put on the spotlight

Themba Zwane by Themba Zwane
February 7, 2022
in Local
2 min read
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Industrial Relations Act amendment: Forced Covid-19 vaccination, Labour brokers to be put on the spotlight

Mbabane – Two major issues will be put on the spotlight during the Conciliation Mediation and Arbitration Commission (CMAC) Labour Law Seminar which will be held at the Happy Valley Resort on February 24, 2022.

Explaining briefly on what will transpire during the much-anticipated seminar was CMAC Board Chairperson Zweli Jele and Executive Member Lomkhosi Magagula among other members.

CMAC Board Chairperson, Zweli Jele says there has always been confusion when it came to labour brokers on who was actually the employer based on the functions of the labour broker and the company for which they provide hiring services which had negative implications towards the employee.

Executive member, Lomkhosi Magagula brought to the attention the issue of forced Covid-19 vaccination for employees which in some cases resulted in others losing their jobs due to the fact that they refuse to get the jab citing different reasons such as religious beliefs etc.

Consultations are ongoing and a total of 36 new clauses are to be added in the amended act while four new sections are to be added.

Among main speakers during the seminar will be the Board Chairperson, Jele, Judge President S. Nsibandze of the Industrial Court of Appeal, Commissioner of Labour Mthunzi Shabangu, Labour Law Consultants and Brokers representatives Carol Ngcobo and Alex Fakudze as well as Acting Industrial Court Judge Velephi Dlamini.  

CMAC was established according to Section 62 of the Industrial Relations Act 2000. It was established as an alternative dispute resolution mechanism, with its primary mandate being to provide for the speedy, cost effective, efficient and accessible resolution of disputes in the labour market.

The Commission is independent of any person, statutory body, political entity, employer, employee, federation or organization. It is led by a tripartite Governing Body of ten members, appointed by the Minister for Enterprise and Employment after being recommended by the Labour Advisory Body.

CMAC offices opened its doors in January 2001. After opening its Head Office in Mbabane, the Commission spread its wings to establish offices in each of the other regions of the country, ensuring that parties cover minimum radial distance to obtain its services.

The formation of CMAC indicates a paradigm shift from the formal and cumbersome method of resolving labour disputes to a more approachable, informal, flexible and improved system in line with global trends. Rather than queuing in the Court for one’s matter to be resolved, CMAC provides a quick and affordable mechanism to labour dispute resolution and prevention.

Recently, the tripartite through a process of consensus, amended the Industrial Relations Act to ensure that the process of alternative dispute resolution process is fully handled by the Commission. This further affirmed the Commissions commitment to ensuring a harmonious industrial relations climate in the country.

CMAC’s mission is to provide accessible, speedy, fair and equitable dispute management and resolution services with the aim of promoting harmony in labour relations.

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