Noteworthy Amendments Made to the CCMA Rules
Are you a little behind on the latest amendments to the CCMA rules and regulations? Designed to mediate the relationships between employees, employers and trade unions – not only does the LRA (Labour Relations Act) offer protection to both the employee and employer, but the LRA also helps to balance the employee and employer relationship. Unfortunately, dispute resolution in the workplace is not easy to resolve without intervention. With two opposing parties, both strong in their convictions, it is often incredibly difficult to find an unbiased resolution, and this is where the CCMA and its rules come to the rescue.
For the past 21 years, the CCMA has played an enormous role in bringing industrial peace. Aimed at promoting fair practices in the work environment, the Commission for Conciliation, Mediation and Arbitration (CCMA) is a dispute resolution body established in terms of the Labour Relations Act, 66 of 1995. Constituting a broad framework – the CCMA rules were created to construct a clear framework in which the administrative process could operate ethically and fairly.
But, over the past 21 years – the CCMA rules have undergone some changes with the last amendments made in April 2015. Giving employers, employees and trade unions a clear indication of what to expect, as well as to ensure that all CCMA employees conduct themselves in a principled manner – the reality is that anyone can end up at the CCMA headquarters, which is why you need to arm yourself with the latest amendments. If you’re a little behind, here are four noteworthy amendments to keep in mind.
#1 The Serving and Filing of Documents by Email and SMS Notifications
Before April 2015, all documents were to be served and filed by registered post, fax or by hand ONLY. Now the can be emailed. In addition, the CCMA may also notify parties of proceedings by way of SMS.
#2 21 Days’ Notice of Conciliation Must Be Provided
Where the CCMA were previously obliged to notify parties, in writing, at least 14 days prior to the scheduled date on which conciliation would proceed, the amended CCMA rules stipulate that the time period of 14 days must run from the date on which the notification was sent by the CCMA. In addition, 7 days must be given if notice is sent by registered mail. What this means is that 21 days’ notice of conciliation must be provided, instead of 14 days.
#3 Representation at the CCMA
Previously, the CCMA rules did not allow representation. Now, Rule 25 states that a party may appear in person or be represented by a legal practitioner, a director or fellow employee, an official of the party’s registered trade union or a registered employer’s organisation.
#4 Certification of Awards
Also amended was Rule 40. Removing the need for a warrant of execution to be issued out of the Labour Court or the High Court, any arbitration award which orders payment may be enforced by execution against the property of the employer by the sheriff of the court, within the magisterial district where the employer resides or conducts business.
With every passing day, labour law is becoming more and more complex. The Labour Relations Act, the Basic Conditions of Employment Act, the Employment Equity Act and CCMA rules are amended from time-to-time, and if you’re not up to date with all the latest rules, you’re bound to find yourself on the losing side at the CCMA headquarters. And this is why you need to partner with a credible team of labour lawyers, such as Allardyce & Partners.
For more information on the CCMA rules, our rates, or our “No Win” and “No Fee” approach – contact us at reception@www.allardyce.co.za or on 011 234 2125 today.
NB this article is for information purposes only and does not constitute legal advice. You are advised to consult with us before using/relying on this information.
