What is the CCMA?

THE CCMA The Commission for Conciliation, Mediation and Arbitration (CCMA) is a dispute resolution body established in terms of the Labour Relations Act, 66 of 1995 (LRA). It is an independent body, does not belong to and is not controlled by any political party, trade union or business. The CCMA was established to carry out a range of dispute resolution and prevention functions.

MAIN LABOUR STATUTES FOR THE CCMA THE LABOUR RELATIONS ACT 66 of 1995 LRA BASIC CONDITIONS OF EMPLOYMENT 75 OF 1997 BCEA EMPLOYMENT EQUITY ACT 55 OF 1998 EEA

What does the CCMA do? Pre-Conciliation is a process where an independent third party (a commissioner) assists the parties to a dispute to resolve their dispute through voluntary agreement Conciliation is a process where an independent third party (a commissioner) assists the parties to a dispute to resolve their dispute through voluntary agreement. Arbitration is a process where an independent third party (a commissioner) resolves the dispute by making a final and binding decision in the form of an arbitration award. Con-Arb is a process that combines both conciliation and arbitration processes into one procedure. Mediation is a process where an independent third party (a commissioner) assists the parties to a dispute (usually a mutual interest dispute) to find their own mutually acceptable settlement.

What else does the CCMA do? Facilitation is a process where a neutral third party (a commissioner) will assist parties to a conflict to find ways to manage the conflict between them. Facilitators may be appointed to assist parties in terms of section 189A dismissals May offer to resolve a dispute prior to referral Compiles and publishes information and statistics about its activities Considers applications for accreditation and subsidy of bargaining councils and private agencies Offer advice and training on a variety of subjects

DISPUTE MANAGEMENT AND PREVENTION DEPARTMENT DRIVING TRANSFORMATION OF WORKPLACE RELATIONS Skills Development Awareness Raising Partnership Building User and Stakeholder Engagement Capacity building and Empowerment FOR ALL CCMA USERS, STAKEHOLDERS AND SOCIAL PARTNERS

GEOGRAPHICAL JURISDICTION - WC

Provide Training for Business Leaders - HR business partners, LR and ER practitioners and managers - Team leaders, supervisors and senior managers - Workplace / shop floor discipline – the philosophy of progressive steps - LRA and EEA - Prepare for CCMA hearings - Latest amendments to legislation

Training Seminars Ongoing training seminars for union officials and shop stewards Ongoing training seminars for managers Training programmes aimed at small business owners Training programmes for specific sectors such as farmers, taxi owners, private security owners, etc

 PROCESS TO RESOLVE CONFLICT IN THE WORKPLACE THAT MAY ARISE BETWEEN THE EMPLOYER AND EMPLOYEE ( S ) OR BETWEEN EMPLOYEES.  ATTEMPTS TO RESOLVE WORKPLACE PROBLEMS AT AN EARLY STAGE I. E. BEFORE DISCIPLINARY ACTION IS TAKEN BY THE EMPLOYER OR A GRIEVANCE LODGED BY EMPLOYEE OR STATUTORY DISPUTE RESOLUTION MEASURES ARE PURSUED  OVERRIDING AIM IS TO RESTORE AND MAINTAIN THE EMPLOYMENT RELATIONSHIP WHEREVER POSSIBLE. THE FOCUS IS ON WORKING TOGETHER TO GO FORWARD, NOT DETERMINING WHO WAS RIGHT OR WRONG IN THE PAST.  VOLUNTARY PROCESS REQUIRING CONSENT OF THE PARTIES INVOLVED  PRIVATE AND CONFIDENTIAL PROCESS CONDUCTED BY AN INDEPENDENT THIRD PARTY WHAT IS WORKPLACE MEDIATION ?

RELATIONSHIP WITH INTERNAL DISCIPLINARY AND GRIEVANCE PROCEDURES  DOES NOT REPLACE OR UNDERMINE EXISTING INTERNAL DISCIPLINARY AND GRIEVANCE PROCEDURES  PROVIDES AN OPPORTUNITY TO RESOLVE WORKPLACE PROBLEMS IN A LESS ADVERSARIAL MANNER  DOES NOT TAKE AWAY OR COMPROMISE THE EMPLOYERS ’ RIGHT TO DISCIPLINE EMPLOYEES  DOES NOT TAKE AWAY OR COMPROMISE THE EMPLOYEES ’ RIGHT TO LODGE GRIEVANCES AGAINST THE EMPLOYER  IF WORKPLACE MEDIATION FAILS TO RESOLVE THE PROBLEM, EMPLOYER MAY INSTITUTE DISCIPLINARY PROCEEDINGS OR EMPLOYEE MAY INVOKE GRIEVANCE PROCEDURE DEPENDING ON NATURE OF PROBLEM

RELATIONSHIP WITH STATUTORY DISPUTE RESOLUTION  DOES NOT COMPROMISE THE RIGHT OF EMPLOYEES OR EMPLOYERS TO REFER A DISPUTE TO THE CCMA  DOES NOT IMPACT ON CCMA PROCESSES DUE TO PRIVATE AND CONFIDENTIAL NATURE  DOES NOT IMPACT ON TIMING OF DISPUTE REFERRAL BECAUSE THE PROCESS HAPPENS WELL BEFORE THE FACT THAT THE STATUTORY CLOCK STARTS TICKING

DIFFERENCE BETWEEN WORKPLACE MEDIATION AND CONCILIATION WORKPLACE MEDIATION NON - STATUTORY PROCESS VOLUNTARY ATTEMPTS TO RESOLVE WORKPLACE PROBLEMS AND CONFLICT THAT COULD GIVE RISE TO DISPUTES INVOLVES ALL PARTIES TO THE CONFLICT AGREEMENTS NOT ENFORCEABLE, BUT COMPLIANCE MORE LIKELY DUE TO VOLUNTARY NATURE OF THE PROCESS CONCILIATION STATUTORY PROCESS COMPULSORY ATTEMPTS TO RESOLVE DISPUTES THAT ARISE FROM WORKPLACE PROBLEMS AND CONFLICT INVOLVES EMPLOYER AND EMPLOYEE ( S ) AGREEMENTS ARE ENFORCEABLE

APPLICABILITY OF WORKPLACE MEDIATION  WORKPLACE MEDIATION MAY BE APPLIED TO VIRTUALLY ANY TYPE OF WORKPLACE PROBLEM THAT MAY ARISE BETWEEN THE EMPLOYER AND EMPLOYEE OR BETWEEN EMPLOYEES.  THE OVERRIDING AIM IS TO RESTORE AND MAINTAIN THE EMPLOYMENT RELATIONSHIP WHEREVER POSSIBLE. THIS MEANS THE FOCUS IS ON WORKING TOGETHER TO GO FORWARD, NOT DETERMINING WHO WAS RIGHT OR WRONG IN THE PAST.

BENEFITS OF WORKPLACE MEDIATION MAINTAINS OR IMPROVES WORKING RELATIONSHIPS PREVENTS ESCALATION OF CONFLICT IN THE WORKPLACE IS LESS STRESSFUL THAN USING FORMAL DISCIPLINARY AND GRIEVANCE PROCEDURES, AND HAS THE POTENTIAL TO ACTUALLY REDUCE THE USE OF FORMAL DISCIPLINARY AND GRIEVANCE PROCEDURES, AND CONSEQUENTLY REFERRAL OF DISPUTES COST EFFECTIVE MEANS TO RESOLVE WORKPLACE PROBLEMS

TYPES OF WORKPLACE PROBLEMS WHERE WORKPLACE MEDIATION WOULD BE APPROPRIATE FOR PURPOSES OF THE PILOT PROJECT ONLY THE FOLLOWING CATEGORIES OF PROBLEMS WILL BE DEALT WITH :  ANY PROBLEM RELATING TO THE CONDUCT OR CAPACITY OF THE EMPLOYEE THAT MAY ORDINARILY LEAD TO INSTITUTION OF DISCIPLINARY PROCEEDINGS  ANY PROBLEM RELATING TO CONDUCT OF THE EMPLOYER THAT MAY ORDINARILY LEAD TO THE LODGING OF A GRIEVANCE INTERNALLY OR THE REFERRAL OF AN UNFAIR LABOR PRACTICE DISPUTE  ANY PROBLEM BETWEEN EMPLOYEES THAT ADVERSELY IMPACTS ON THE WORKPLACE THE FOLLOWING ISSUES WILL BE EXCLUDED - GROSS MISCONDUCT, DISCRIMINATION, SEXUAL HARASSMENT

WORKPLACE MEDIATION OVERVIEW ATTEMPT TO RESOLVE INTERNALLY WORKPLACE PROBLEM OCCURRED / REPORTED* RESOLVED UNRESOLVED COMMISSIONER APPOINTED WORKPLACE MEDIATION PROCESS SCHEDULED PARTIES NOTIFIED RESOLVED WORKPLACE MEDIATION PROCESS CONDUCTED UNRESOLVED WORKPLACE DISCIPLINARY PROCEDURE / GRIEVANCE PROCEDURE INVOKED AGREEMENT IN WRITING AGREEMENT(S) IN WRITING REFERRAL TO CCMA REQUEST FOR WORKPLACE MEDIATION TO CCMA

 USED TO REQUEST THE SERVICE FROM THE CCMA  GIVES DETAILS OF THE PROBLEM ( S )  REQUIRES SIGNED CONSENT BY OTHER PARTY / PARTIES HOW TO ACCESS WORKPLACE MEDIATION DURING THE PILOT PROJECT

REQUEST FOR WORKPLACE MEDIATION FORM  REQUIRES SIGNED PERMISSION BY EMPLOYER TO USE WORKPLACE FOR CONDUCTING THE PROCESS  NO REQUIREMENT TO SERVE ON OTHER PARTY / PARTIES

TURNAROUND TIME FROM REQUEST TO PROCESS REQUEST FOR WORKPLACE MEDIATION FORM REQUEST FOR WORKPLACE MEDIATION FORM NOTICE OF PROCESS NOTICE OF PROCESS OUTCOME REPORT PROCESS OUTCOME REPORT SEVEN (7) DAYS NOTICE MAX. 72 HOURS INTERNAL PROCESSING WITHIN TWO (2) DAYS AFTER PROCESS AGREEMENT AT CONCLUSION OF PROCESS PROCESS CONDUCTED PROCESS CONDUCTED

SOME EVENTS

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