Transcript CCMA Do*s & Don*ts

SASLAW PRESENTATION
28 March 2012
 Core



Function of the CCMA
Conciliation/Facilitation
Arbitration
S115
 Provincial


Operational Plan
aligned to National plan (Siyaphambile Strategy)
aligned to KPA’s
1.
2.
3.
We will position the CCMA to impartially
promote social justice & economic
development in the world of work.
We will deliver professional, user-friendly,
quality services with speed.
We will maintain organizational
effectiveness & strive for continuous
improvement

ITEM WEIGHTING
ECEL
ECPE

Operations & DR 60%
2.93
2.78

DM
10%
4.13
4.14

Mediation
10%
4.00
3.80

Finance
20%
2.00
5.00

Average Rating
100%
2.971
3.462

Average Rating %
59%
69%

Ranking February 2012
12
6

Ranking January 2012
12
5
 Pre
Conciliations Conducted – 15%
 Pre Conciliations Settled – 7%
 Conciliations outside of 30 days – 0%
 Closure of Con/Arb – 40%
 Closure Conciliations – 90%
 Closure Arbitrations – 90%
 Settlement Rates – 70%
 Late
Awards – 0%
 Conciliation Turn Around Time – 30 days
 Arbitration Turn Around Time – 60 days
 Postponements – 6%
 Stakeholders
Empowerment
 Promotion of Employment Security
 Transforming Workplace Relations
 User Compliance & Removal of Social Justice
blockages
 Production of Publications
 Conciliation
Settlement Rate
 Mutual Interest Settlement Rate
 Arbitration Settlement Rate
 Quality of Settlement
 S150
 Return to Work Index
 Case
per year 6000- 6500
 Cases per month 500 -550
 Full Time Commissioners 3
 Part Time Commissioners 22
 Budget R17 million 2011-2012
 East
London Split
 New Commissioners


Training
Mentorship
 S189A



Pre- condition 50 employees
Scales ie. 10 -100
Must be in Notice or apply 15 days from notice
 S150

Parties agree to participate
 Training



Lay off Scheme
Employer in financial distress
Possibility of retrenchment
Reincorporate workers in business
 1.


Calculation of Time
Act calendar days
Rules calendar days but excluded shut down
 2.


Jurisdictional Issues at Conciliation
Nature of the issue
Rule 10 defective referral



Time
Sign
Service
 3.Objection





to Con/Arb
S191 5A
Rule 17
Time Frame and Format
Objection to objection
Probation Cases
 4.Postponements



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Rule 23
When discretion
When must (7 days)
Concern late application
 5.Representation




Rule 25
Legal Representation
Time Frame
Quality of Application
 6.Rescission


Limited grounds (S144)
Rule 32 - 14 days
 7.


Arbitration Preparation
Bundles
Subpoenas
 The
CCMA has an obligation to ensure quick
expeditious dispute resolution.
 This, however, is only possible if all role
players in the system cooperate.
 The CCMA is as good as the role players
allows it to be.