Mthimkulu Mashiya

Professional background and experience:

Mthimkulu has been accredited as a mediator by Conflict Dynamics, the Centre for Effective Dispute Resolution (CEDR) and the Dispute Settlement Accreditation Council of South Africa (DiSAC). He is a former trade union leader, having occupied positions of union Educator and then union General Secretary. He holds a Diploma in Education from the University of Cape Town and an Advanced Labour Law Diploma from the Graduate Institute of Management and Technology. He also obtained a Certificate in Labour Dispute Resolution from the University of Stellenbosch which is a Commission for Conciliation, Mediation and Arbitration (CCMA) approved qualification for commissioners. Mthimkulu is currently the General Secretary of the Transnet Bargaining Council where he provides strategic oversight and management of labour dispute resolution and prevention functions as well as overseeing collective bargaining. 

He also leads and manages the staff of the Council as well 120 commissioners who perform conciliations and arbitrations under the auspices of the Bargaining Council. Since 2021, Mthimkulu has been appointed as a task team member of the Committee on the Integrated Approach to Dispute Resolution and Execution of Laws by the CCMA Director. 

Mediation experience and style:

Mthimkulu employs a facilitative mediation style, focusing on assisting parties to uncover and address underlying issues. His belief is that parties know and understand their situations, problems and underlying interests better than the mediator. His role is therefore to facilitate the discussion and negotiation where sometimes, all that is needed was for a party to be listened to. 

Facilitation experience and style:

Mthimkulu has facilitated many chamber meetings of the Bargaining Council. It is part of his responsibilities to facilitate negotiations on issues like the variation agreements in terms of the Basic Conditions of Employment Act.  He has also facilitated negotiations on the disciplinary code for Transnet's bargaining unit employees. 

Comments from clients:

"Mthimkulu has taught me the importance of listening, listening not to come up with a counter argument but to understand the other side."

 

Further info

Industries

Public Sector
Transportation

Dispute Types

Employment
Labour / Management
Other
Policing
Road Accident Fund (RAF)
Workplace