Presentation on theme: "PRESENTATION TO MEMBERS OF THE NATIONAL PARLIAMENTARY PORTFOLIO COMMITTEE FOR LABOUR JULY 2014 PARLIAMENTARY PORTFOLIO COMMITTEE FOR LABOUR CCMA Revolutionizing."— Presentation transcript:
PRESENTATION TO MEMBERS OF THE NATIONAL PARLIAMENTARY PORTFOLIO COMMITTEE FOR LABOUR JULY 2014 PARLIAMENTARY PORTFOLIO COMMITTEE FOR LABOUR CCMA Revolutionizing Workplace Relations 1
NAVIGATING THE PRESENTATION CCMA Vision, Mission, Values and Functional Purpose Corporate Governance Strategy and Performance Management The Year Ahead Delivery Excellence and Challenges Operating in a Changing Environment CCMA Revolutionizing Workplace Relations 2 2
Vision To be the premier dispute prevention, management and dispute resolution organisationTo be the premier dispute prevention, management and dispute resolution organisation Mission The purpose of the CCMA is to promote social justice and economic development in the world of work and to be the best dispute management and dispute resolution organisation trusted by our social partners Values Respect Excellence Accountability Diversity Integrity, Transparency, CCMA Revolutionizing Workplace Relations 4 4
MANDATORY STATUTORY FUNCTIONS CCMA Revolutionizing Workplace Relations 5 Conciliate Workplace Disputes; Arbitrate disputes that remain unresolved after conciliation; Facilitate the establishment of workplace forums and statutory councils; Compile and publish information and statistics about its activities; Consider applications for accreditation and subsidy from Bargaining Councils and private agencies; Supervise ballots for unions and employer organizations; Provide training and advice on the establishment of collective bargaining structures, workplace restructuring, consultation processes, termination of employment, employment equity programmes and dispute prevention.
DISCRETIONARY STATUTORY FUNCTIONS CCMA Revolutionizing Workplace Relations 6 Supervise ballots for unions and employer organisations; Provide training and information relating to the primary objective of the LRA; Advise a party to a dispute about the procedures to follow; Offer to resolve a dispute that has not been referred to the CCMA; Publish guidelines on any aspect of the LRA and to make rules
DR PROCESSES - RIGHTS DISPUTES Rights Disputes Con-arb Conciliation Arbitration Award Adjudication Judgement CCMA LABOUR COURT If unresolved CCMA Revolutionizing Workplace Relations 7
DR PROCESSES - INTEREST DISPUTES Interest Disputes Conciliation Strike / Lockout CCMA If unresolved CCMA Revolutionizing Workplace Relations 8
CORPORATE GOVERNANCE CCMA Revolutionizing Workplace Relations 6 The Governing Body Chairperson, Mr D Dube and the Director, Ms N Kahn living the CCMA values, meeting staff
THE GOVERNING BODY CCMA Revolutionizing Workplace Relations 10 Director Nerine Kahn Elias Manage was appointed Acting Chairperson in May 2013, serving up until Daniel Dube took up tenure in October Governing Body Chair Daniel Dube
THE GOVERNING BODY The Commission for Conciliation, Mediation and Arbitration (CCMA) is a independent statutory body established in terms of section 112 of the Labour Relations Act of 1995 (LRA), as amended. The CCMA is governed by the Governing Body (GB) in terms of section 116 of the LRA. The GB is made up of an independent non-executive chairperson and representatives from Government, Organised Labour and Organised Business. The members of the GB are appointed through a process managed by NEDLAC and by the Minister of Labour. The GB is the Accounting Authority and the Director is the Accounting Officer in terms of the PFMA. The Governing Body Charter clearly and concisely sets out the roles, duties and responsibilities of the GB as well as salient corporate governance principles. CCMA Revolutionizing Workplace Relations 11 7
GOVERNING BODY FUNCTIONS The GB appoints the Director, in terms of section 118 (1) of the LRA. The Director fulfills the functions of a Chief Executive Officer. The LRA specifically tasks the GB with appointing Commissioners and determining their conditions of service (S117), the GB may not delegate appointment of the Director, appoint /remove Commissioners, deposit or invest surplus money, accreditation and subsidy functions. The LRA section 122, enjoins the GB to establish committees to assist the CCMA and contract any person or agency to do work or perform any function of CCMA (section 124); accredit Bargaining Councils and Private Agencies CCMA Revolutionizing Workplace Relations 12 8
ParliamentParliament Executive Authority Minister of Labour Executive Authority Minister of Labour Organized Labour Organized Business DirectorDirector Essential Services Committee Governance, Social and Ethics Committee Governing Body Audit Committee Accreditation & Subsidy Committee Human Resource and Remuneration Committee Finance and Risk Committee Commissioners & Staff CCMA Revolutionizing Workplace Relations 13 GovernmentGovernment
STRATEGY AND PERFORMANCE MANAGEMENT CCMA Revolutionizing Workplace Relations Members of the Farm Workers’ Committees from the Grahams town and Alexandria area who attended a Best Practice Workshop initiated by the Eastern Cape – Port Elizabeth DM&P Team
SIYAPHAMBILI STRATEGY CCMA Revolutionizing Workplace Relations 15 The Siyaphambili strategic plan was crafted on previous plans as the basis for business continuity, and includes input from all key stakeholder groups (internal and external). The plan sets out the Goals and Strategic Objectives, Key Performance Areas & Targets for the for the organisation for 2011 to The strategic plan determines the allocation of resources and drives the performance management system of the CCMA. The plan outlines the strategy for the organisation as an entity and is the basis for each team within the organisation to determine their priorities in order that the overall organisational goals are achieved.
CCMA Revolutionizing Workplace Relations 16 We will position the CCMA to impartially promote social justice and economic development in the world of work Enrich the role of the CCMA in the Labour Market. We will deliver professional, user-friendly, quality services with speed Build skills to achieve professionalism. Deliver excellent service rooted in social justice ensuring a balance between quality and quantity We will maintain organizational effectiveness and strive for continuous improvement Enhance and entrench internal processes and systems for optimal deployment of resources Align the structure that will enable optimal implementation of the strategy. Entrench an organisational culture that supports the delivery of our mandate. Goals Objectives STRATEGIC GOALS AND OBJECTIVES
SCORECARD CCMA Revolutionizing Workplace Relations 17 STRATEGIC OBJECTIVESSO1: ENRICH THE ROLE OF THE CCMA IN THE LABOUR MARKET SO2: BUILD SKILLS TO ACHIEVE PROFESSIONALISM SO3: DELIVER EXCELLENT SERVICE ROOTED IN SOCIAL JUSTICE ENSURING A BALANCE BETWEEN BOUALITY AND BOUANTITY SO4: ENHANCE AND ENTRENCH INTERNAL PROCESSES AND SYSTEMS FOR OPTIMAL DEPLOYMENT OF RESOURCES SO5: ALIGN THE STRUCTURE THAT WILL ENABLE OPTIMAL IMPLEMENTATION OF THE STRATEGY SO6: ENTRENCH AN ORGANISATIONAL CULTURE THAT SUPPORTS DELIVERY ON OUR MANDATE OVERALL SCORE
THE YEAR AHEAD CCMA Revolutionizing Workplace Relations Some of the delegates who attended a Job Saving Seminar organised by the Western Cape DM&P Team to promote the CCMA Job Saving Strategy and the Training Layoff Scheme
BUDGETED INCOME 2014/15 CCMA Revolutionizing Workplace Relations 19 Approved budget: March 2015 Financial YearR’000s Sub-totalTotal Grant allocation 687,096 Interest on investment 34,802 Other income 6,774 Total approved budgeted income 728,672 Less: Approved CAPEX budget 48,361 Normal operations CAPEX 11,737 Projects CAPEX (*) 36,624 Less: Approved OPEX budget 680,311 Normal operations OPEX 576,935 Projects OPEX (*) 103,376 Break-even - (*) Projects for Labour law amendments, Roll out of web-enabled Case Management system, Establishment of Employment security Unit and opening of new offices in Welkom and Vaal triangle area.
BUDGET EXPENDITURE DISTRIBUTION 2014/2015 CCMA Revolutionizing Workplace Relations 20
SG01 - We will position the CCMA to impartially promote social justice and economic development in the world of work. SO 1: Enrich the role of the CCMA in the Labour Market CCMA Revolutionizing Workplace Relations 22 KEY PERFORMANCE AREATARGET 1.1 The CCMA plays a meaningful role in the facilitation of social dialogue and economic development on identified labour market issues locally and internationally. The CCMA plays a role in the facilitation of social dialogue on identified labour market issues related to the CCMA mandate. A 70% quality measure achieved for applicable activities held that facilitate social dialogue 1.2 Provide support and assistance to local, regional and international organizations. Continue the implementation of agreed projects with identified organisation 1.3 Enhance the quality and effectiveness of dispute resolution under the auspices of the Bargaining Councils and Private Agencies. An accreditation and subsidy system that promotes the improvement of dispute resolution services in Bargaining Councils and Private Agencies. Facilitate establishment of Bargaining Councils in accordance with labour market necessity Maintain and increase the number of accredited Bargaining Councils. Facilitate the accreditation of Private Agencies
CCMA Revolutionizing Workplace Relations 23 KEY PERFORMANCE AREATARGET 1.4 User and Stakeholder empowerment capacity building. Capacity building and awareness raising activities held for targeted sectors with vulnerable sectors prioritized including responding to 100% of User requests. 1.5 Promotion of employment security. The promotion of employment security through publicity and capacity building activities. A 70% quality measure achieved for the applicable promotion of job and employment security capacity building activities held Establish a job saving unit Employment Security Unit established to deliver the CCMA Employment Security Strategy Identified initiatives delivered to enhance delivery of the Employment Security Strategy 1.6 Participate in the process of amending CCMA relevant Employment Law and policy development. Prepare the CCMA for the commencement and application of the Employment Laws amendments Revise rules and CCMA forms drafting completed. Design and Implement The Employment Laws Amendments communication plan Prepare the CCMA as an employer for the implementation of the labour laws amendments 1.7 Assist, support, promote and enhance the quality of collective bargaining. Specialist dispute resolution service and post dispute support services maintained. High impact offers of assistance made in public interest matters (section 150 matters) Facilitation of the establishment of two (2) collective bargaining structures. Collective Bargaining Improvement process piloted 1.8 The organisation adds value to the labour market. The organisation adds value to the labour market as determined by its mandate
24 Promoting labour market peace and stability Collective Bargaining NUM and Northam Platinum Mine NUM and Exarro Coal Platinum Sector – AMCU and Lonmin, Amplats, Implats Verification Exercise Bokoni Platinum Mine Facilitated Task Teams Glass Sector National Bargaining Council for the Road Freight and Logistics Industry Hospitality CCMA Revolutionizing Workplace Relations
LABOUR LAWS AMENDMENTS In preparing for these amendments, the CCMA has undertaken a number of activities in order to make sure that the organization is ready to implement these proposed changes to employment laws. A national task team led by the Director of the CCMA has been established comprising of experienced commissioners, internal and external technical experts. Specialist working groups have been established that focus on the most complex sections of the bill such as organizational rights disputes, essential services, temporary employment services, equal pay for work of equal value(specialist commissioner panels) Training material has been developed Training has been delivered nationally and is ongoing(also to stakeholders) Governing Body sub committee is working on Amendments and updating of CCMA rules Regulations and forms are also being updated with DOL Communication plan and advocacy programme developed CCMA Revolutionizing Workplace Relations 25
SG02 - We will deliver professional, user-friendly, quality services with speed. SO2: We will further build skills to achieve professionalism CCMA Revolutionizing Workplace Relations 26 KEY PERFORMANCE AREAYear Ensuring the development and delivery of a Conflict Resolution Practitioner occupational qualification. Delivery of the LDRP qualification by two public universities following standards identified in the Memorandum of Agreement (MOA) 2.2 Design and development of training materials and courses. Design, develop and update identified training materials in terms of CCMA and user needs. Attain a 70% quality measure on identified training material. 2.3 To ensure continuous research and development of effective adult training methodology and techniques including e- learning Develop and apply quality training methodologies and techniques for identified courses. 2.4 Development and updating of assessment and mentoring methods Develop and apply quality assessment methods to identified training modules and for the 2014/15 Commissioner Recruitment programme. Develop and apply quality mentorship methods to the Candidate Commissioner Mentorship Programme. 2.5 Develop and deliver effective human capital training to align with the needs of the organisation and its people Deliver capacity building initiatives to meet the operational, technical, managerial and corporate service needs of the CCMA and its people. Capacity building initiatives delivered with a 70% quality measure
CCMA/PUBLIC UNIVERSITY QUALIFICATION DELIVERY CCMA Revolutionizing Workplace Relations 27 The Industry has partnered with five successful public universities in developing and delivering a Labour Dispute Resolution Practice qualification. Nelson Mandela Metropolitan University; Stellenbosch University, the University of the Witwatersrand; the University of the Free State University of the Western Cape. At the beginning of 2014 the Law Faculty of the University of KwaZulu-Natal was also accepted as a participant in the project. This ground breaking initiative stands to significantly contribute towards building skills and capacity in the Labour Relations Practice Industry, with all role players in the Industry standing to benefit greatly.
SG02 - We will deliver professional, user-friendly, quality services with speed. SO 3: Deliver excellent service rooted in social justice ensuring a balance between quality and quantity CCMA Revolutionizing Workplace Relations 28 KEY PERFORMANCE AREATARGET 3.1 Entrench the mandate of the LRA (social justice, economic development and labour peace) in all CCMA services and outcomes The quality of arbitration awards and rulings monitored and evaluated to ensure continuous improvement The quality of settlement agreements monitored and evaluated to ensure continuous improvement The quality of conciliation processes assessed and evaluated to ensure continuous improvement. Settlement agreement outcomes monitored and reported on to promote reinstatement or re-employment outcomes Monitor Commissioner Performance and address Non Compliance 3.2 Improve accessibility of CCMA services to users Improve accessibility of services to users. 3.3 Review the impact of the extended mandate. Develop the Vision 3.4 Transformation of workplace relations with a view to embedding economic development, industrial peace and promotion of social justice. Targeted workplace change and transformation interventions delivered. A 70% quality measure achieved for applicable workplace change and transformation interventions held.
INCREASING ACCESSIBILITY - CCMA SERVICE DELIVERY CENTRES CCMA Revolutionizing Workplace Relations 29 National Stakeholder Leadership Opened two new offices : Vaal and Welkom
CCMA Revolutionizing Workplace Relations 30 KEY PERFORMANCE AREATARGET 3.5 Promotion of user compliance and removal of social justice blockages in the CCMA DR processes User engagements were held to address identified user DR compliance problem areas and targeted social justice blockages following the operational plans 3.6 Improve the quality of service delivery to ensure speedy dispute resolution. Review and agree new efficiencies (where necessary) All regions to meet a minimum of 63% of the targeted efficiencies. All cases conciliated within 30 days. Delivery of awards by commissioners and awards sent to parties must be done within 14 day period.
CASE DISTRIBUTION BY ISSUE CCMA Revolutionizing Workplace Relations 32
CASE DISTRIBUTION BY SECTOR CCMA Revolutionizing Workplace Relations 33
SG03 - We will maintain organizational effectiveness and strive for continuous improvement. SO 4: Enhance and entrench internal processes and systems for optimal deployment of resources CCMA Revolutionizing Workplace Relations 34 KEY PERFORMANCE AREAYEAR 5 (2014/2015) 4.1 Entrench a culture that focuses on performance and service delivery excellence. Organisation that is performance driven that rewards excellence. 4.2 Improve and strengthen organisational capacity for holistic external and internal communication. Ensure effective internal and external communication 4.3 Top of mind awareness of risk management principles and consideration in all planning and decision making throughout the decision. Entrench risk, control and good governance values in the organization. 4.4 Best practice policies and governance structures implemented. Implement the policy plan that will enhance the policy approval process Training and induction (new GB members) provided to the GB and its committees in order to enhance the oversight role and execution of fiduciary responsibilities Annual evaluation of the performance of the Governing Body and the committees has been conducted 4.5 Ensure public finance management compliance and that the organisation operates as a going concern. Unqualified audit reports. Compliance with PFMA and Treasury Regulations Identified areas of DTI’s code of good practise adopted Implement agreed BBBEE targets 4.6 Review the Information Communication Technologies (ICT) application architecture to meet the strategic needs of the organization. Implement the revised ICT strategy and benchmark against best practice 4.7 Efficiently and effectively manage the facilities required by the organisation Improve user accessibility of CCMA infrastructure
SG03 - We will maintain organizational effectiveness and strive for continuous improvement. SO 5: Align the structure that will enable optimal implementation of the strategy CCMA Revolutionizing Workplace Relations 35 KEY PERFORMANCE AREATARGET 5.1 Source and retain the best talent for the organisation. Skilled Human Capital plan implemented with depth in staffing levels 5.2 Promote skills development, employment equity and women in Commissioner and leadership positions. More women in leadership and Commissioner roles. Continuous professional development of staff, embedded. 5.3 Align the organisational design that facilitates delivery of the strategy. Implement the revised organisational structure
SG03 - We will maintain organizational effectiveness and strive for continuous improvement. SO 6: Entrench an organisational culture that supports delivery on our mandate CCMA Revolutionizing Workplace Relations 38 KEY PERFORMANCE AREATARGET 6.1 Ensure effective development, implementation, evaluation and reporting on the strategy. Siyaphambili Strategy fully implemented with all targets achieved. Develop strategy 6.2 Foster a dynamic organisational culture informed by the values of the organisation. The organisational culture is strengthened by the values of the organisation
CCMA Revolutionizing Workplace Relations 39 Above: Senior Commissioner Kaizer Thibedi facilitating a Building Workplace Relations (BWR) intervention for Sun City’s Management and the SACCAWU leadership. Above: Users and Stakeholders from the Agri-Sector who attended the Agricultural Sector Forum meeting organised by the Western Cape DM&P Team in Oudtshoorn. Above: Mpumalanga Supermarket Management and SACCAWU representatives who participated in a scoping meeting for the Workplace Change & Transformation Project that was initiated by the East London DM&P Team. Above: KZN’s DM&P Team members who participated in a community outreach initiative at Chatsworth Unit 3 B on the 18th May 2013
DELIVERY EXCELLENCE AND CHALLENGES CCMA Revolutionizing Workplace Relations Delegates to the CCMA/ILO Decent Work – Contract Cleaning Sector Summit held in Johannesburg
DELIVERING TO THE BROAD MANDATE PROACTIVELY FACILITATING IMPROVED COLLECTIVE BARGAINING PROMOTION OF EMPLOYMENT SECURITY PROMOTING WORKPLACE EMPLOYMENT RELATIONS ENHANCING CAPACITY BUILDING SERVICES (OUTREACH) LABOUR MARKET QUALIFICATION DEVELOPMENT ATTRACTING FUTURE WORKERS AND COMMISSIONERS TO THE CCMA REPOSITION, FURTHER STRUCTURE AND BUILD THE CCMA’S RESEARCH UNIT AND CAPACITY IMPROVED INFORMATION AND STATISTICS SUPPORT AND CO- OPERATION WITH OTHER LABOUR MARKET INSTITUTIONS AND BODIES FOR BETTER DELIVERY LEARNING AND CONTRIBUTING TO INTERNATIONAL SHARING OF BEST PRACTICE UPGRADING CCMA COMMUNICATION TOOLS AND WEBSITE ASSESS AND RECONFIGURE CCMA ROLES, STRUCTURES AND CAPACITY CCMA Revolutionizing Workplace Relations 41
Strategy 2020 Shaping our 2030 Operating Context Delivering on our broad mandate Realising Public Value Strategy & Performance Management Framework Stakeholder Engagement Research Scenario Planning StrategyImpact Indicators M & E framework Innovation & Best Practice Service Delivery Excellence User focused Realising the vision Discretionary Functions Mandatory Functions CCMA Revolutionizing Workplace Relations 42
OPERATING IN A CHANGING ENVIRONMENT CCMA’s role since 2011 has increasingly focused on verification exercises and pronouncing on representivity; There has been an increase in inter-union rivalry, unprotected strikes and the coalescing of workplace and community demands; The CCMA has responded with dynamic flexibility and have decisively and responsibly intervened in workplace and sector conflicts to prevent further escalation; The CCMA has supported Social Partners in their efforts to strengthen collective bargaining and related systems of social dialogue ; CCMA Revolutionizing Workplace Relations 43
KEY UNDERLYING CAUSES Societal Fault Lines - Inequality, Poverty & Unemployment Impatience In The Streets And On Factory Floor Inadequate Awareness Of Internal & External Labour Market Dynamics Ineffective Management Of Industrial Relations Absence Of Meaningful Engagement Absence Of Trust Across In The Labour Market Losing Confidence In The Mechanisms Of (Peace) In The Labour Market Fractious Labour Market Squeeze Of Profit Making Adherence To Inefficient Bargaining Processes CCMA Revolutionizing Workplace Relations 44