Doctoral graduate uncovers bias in the CCMA
East London hotelier and Mandela University alumnus Dr Peter Gregersen has rung an alarm bell over bias, corruption, bribery and misconduct within South Africa’s powerful Commission for Conciliation, Mediation and Arbitration (CCMA).
In his doctoral thesis, Study of bias within CCMA Commissioners decision making processes, Dr Gregersen’s research reveals significant flaws within the CCMA, including cases of misconduct, bias, and underqualified commissioners, impacting public trust and threatening business stability.
The Blue Lagoon Hotel general manager graduated with a Doctor of Business Administration from the Faculty of Business and Economic Sciences in December 2023.
The CCMA was established under the Labour Relations Act of 1995 to resolve labour disputes impartially, he explains.
However, issues of personal bias have surfaced in cases like CCMA vs. Engen (2007) and Monare vs. South African Tourism (2015), which Dr Gregersen analysed as clear examples of commissioners’ judgements deviating from impartial standards.
These findings reveal inconsistent application of laws and show that rushed decisions and limited training compromise fair arbitration, especially in cases where awards can amount to severe financial consequences for businesses.
Cause and effect
Dr Gregersen attributes some of this bias to commissioners’ lack of training in social justice and legal principles. He argues that both personal biases—such as language, background, and social perspectives—and limited understanding of adjudication processes affect outcomes.
This, he says, underlines the need for robust training programmes aimed at bias reduction and unbiased legal application.
For sustainable improvement, Dr Gregersen proposes rejecting frivolous cases, expanding formal training, and establishing a commissioner vetting process. He also suggests transparency initiatives, such as publishing case outcomes, to combat any perception of corruption within the CCMA. Strengthening the commissioner selection criteria by requiring formal legal qualifications could enhance accountability and competence, he adds.
While acknowledging the CCMA's success in many cases, Dr. Gregersen underscores that only through substantial reform can it fully uphold fair, unbiased dispute resolution—a necessary step for both the organisation and South African society.
ABOUT DR PETER GREGERSEN
Born in Ladysmith, Kwazulu-Natal and raised in Mtunzini, Zululand, Dr Gregersen matriculated from Durban High School.
He lives in East London with his wife, Cheryl, and was appointed as general manager at the Blue Lagoon Hotel in 2003.
Dr Gregersen also holds a master’s in business administration from Mandela University, a Dip MTI in labour law from The Da Vinci Institute for Technology and a national diploma in hotel management from M.L. Sultan Technikon.
He has worked in “every department in the hotel industry” and was previously a complex general manager at both Mpekweni Sun and Fish River Sun and a general manager at Kalahari Hotel and Casino.