Advantages/Disadvantages to the Application of s73A of the BCEA - Law Assignment Help

Assignment Task

Task
The amendments made to the BCEA introduced the prospect of contractual claims being determined bythe CCMA. An employee or worker who earns below the prescribed remuneration threshold, who has adispute about any amount owing to the employee or worker in terms of the BCEA, the NMWA, a sectoraldetermination or collective agreement, or a contract of employment may refer the dispute to the CCMA.The purpose of the amendments is to provide a cheaper, more expeditious method of enforcing theprovisions of the BCEA, the NMWA and to avoid disputes (or rather claims) being split into proceedingsbefore different forums. It is clear thatemployees will benefit most from the abovementioned provisions,but this might be to the detriment of the CCMA as this places more strain on the CCMA’s already existingheavy caseload. Considering these amendments, you need to answer to the following questions:
What is the practical effect/s (if any) that these amendments will have on dispute resolution?
What are the advantages/disadvantages to the application of s73A of the BCEA?
 

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