Can Al help resolve labour disputes?

Using artificial intelligence would address financial burdens, eliminate geographical restrictions and offer agility in conflict resolution - but there are pitfalls such as bias

- Letlhokwa George Mpedi & Tshilidzi Marwala

The constructive resolution of labour disputes through established procedures is vital for maintaining peace and stability. With developments in artificial intelligence (AI), there may be room to consider the implementation of these technologies in the South African context.

A damning indictment of the Commission for Conciliation, Mediation and Arbitration (CCMA) in 2021 showed that some workers felt disillusioned with the system. The effect of the Covid-19 pandemic was undoubtedly a factor. Journalist Magnificent Mndebele outlined that budget cuts had crippled the CCMA, leaving workers vulnerable to unfair dismissals and exploitation and some critics warned of a deepening crisis in labour rights.

The numbers speak to this. It is estimated that the CCMA handles more than 100 000 cases annually. But about 40% of employees lose cases at arbitration.

As the labour market evolves in the digital age, dispute resolution mechanisms must also adapt, raising several pertinent questions.

For instance, what if AI had a hand in the adjudication of labour disputes between employers and their employees? What if the outcome of a wrongful termination case or a collective bargaining agreement dispute was decided upon by algorithms? What if employers could flag potential compliance issues before they become legal problems? Would this help or hinder the employment relations?

As we considered the magnitude of the CCMA and the scope of its work, we pondered whether technology could be the very injection required. If AI played a role in adjudicating employee disputes, it could analyse large volumes of workplace cases, assess precedents and suggest outcomes based on established legal principles.