Problem
Case Study
Read the case below/ scenario and answer the questions that follow: One of the landmark evergreen cases on mediation took place between Mercedes Benz South Africa and the National Union of Metalworkers of South Africa (NUMSA in 1989). The former Independent Mediation Services of SA (IMSSA) and Tokiso Dispute Settlement (the agency) facilitated the process. In this case, the relationship between Mercedes-Benz and NUMSA had been very strained and difficult for a number of years. IMSSA became involved with the parties when it mediated a dispute over the termination of the employment of certain union members, who were found to have participated in acts of misconduct during a demonstration in the plant. The dispute was settled through mediation and, in terms of the settlement agreement, the parties committed themselves to an RBO exercise to set their relationship on a new footing. A team of five IMSSA mediators ran the process.
At an initial site visit at a Mercedes-Benz plant, they found workers with wooden AK47s on their backs. At lunchtime, there were mock bayonet charges on effigies of management. White supervisors were carrying real weapons and the atmosphere on the shop floor was one of deep antagonism and hostility. This was the late 1980s, and the political climate was still highly oppressive. The RBO took place at a neutral country hotel venue, over four days. The company was represented by its chairman, numerous board members and 40 other managers from various levels in the company. The union was represented by two senior fulltime union officials and 30 shop stewards from various plants around the country. The team of mediators constructed a mini-parliament and the parties engaged each other on a range of matters of concern to them, including: compliance with the recognition agreement, racial discrimination, political issues, selection, training and development of employees, consultation and participation by employees in decision making within the company, etc.
Task
• Question I: Was there a mediation processes considered prior to termination of employment of certain union members? Explain.
• Question II: Discuss the role of the mediator in the dispute resolution processes.
• Question III: Indicate and explain methods and approaches to mediation.
• Question IV: Section 188 of the Labour Relations Act states that a dismissal will be unfair if the employer cannot prove it. Discuss the concept of no-fault termination in accordance with Labour Relations Act 66 of 1995.