CCMA is a world-class institution with fast and efficient results

WE OFTEN speak about the Department of Labour and the Commission for Conciliation Mediation and Arbitration. I have on many occasions sadly reported that its Unemployment Insurance Fund and Workmen’s Compensation departments are not being fair to the public and have let down the working population of South Africa.

However, on a much brighter side, the CCMA has delivered exactly what is expected of it and has grown into an organisation that is world-class. It receives thousands of referrals monthly and is able to ensure the public is treated quickly, efficiently and with respect. Its service is innovative in that anyone can telephone or visit the centres at each CCMA and receive advice with a smile.

The majority of the commissioners are highly trained and assist in ensuring that each dispute is handled properly and in accordance with the set of rules and regulations which are carefully administered.

The helpline is regularly answered and the feedback is instantaneous.

It is important the working public and employers know that they can approach the CCMA at any stage for advice before any labour action is taken. E-mail: ctn@ ccma.org.za or call the Cape Town office at 021 469 0111. The address is CCMA House, 78 Darling Street.

The CCMA has offices across the country with its national office in Joburg. E-mail: ho@ccma.org.za or call 011 377 6650. Disputes in smaller centres which don’t have permanent regional offices will still take place as the CCMA endeavours to set up temporary arbitration premises in local departments of labour or institutions such as libraries or the town’s administrative offices.

This system is functional and I have visited more than 100 of these separate tribunals over the past 20 years.

I can report that when they say they will have a conciliation within 30 days of the referral of the dispute, this is done. I can also testify that 70% of the disputes are settled before they go to arbitration.

Arbitrations are heard within 60 days and awards invariably given within 14 days after the arbitration has been heard.

The commissioners are regularly assessed by head office and judged in accordance with their standard of work and adherence to the time limits.

The CCMA is 21 years old and its systems have been copied in other jurisdictions including other countries in southern Africa. I am aware that the Australian system is strongly based on South Africa’s. In the past 21 years, it has had more than three million referrals and more than half have been settled through mediation (conciliation).

Interestingly, the CCMA has signed agreements with many of the universities across South Africa to train future commissioners and to give them professional qualifications. This innovative approach should be recreated in other government departments. The CCMA has managed to attract and retain highly qualified commissioners and key personnel

On many occasions when ex-employees were able to get positive awards against their ex-employers they were unable to execute the awards against their ex-employers. It is expensive to use the deputy sheriff who charges to serve the Labour Court Award on the employer.

The CCMA has made arrangements with the deputy sheriff ’s board to pay for the execution of these awards.

It is understood that the CCMA’s duties come to an end when they issue the arbitration award against the employer.

However, because of the constant problems arising out of the execution of these awards the CCMA stepped in and sorted this out as well.

It is also useful for the public to consider the regular training sessions which are offered by the CCMA.

Many are geared towards the training of shop stewards and trade unions and management.

In essence, there is a level of confidence in the organisation by both the public, government and all the social partners.

The real aim is to ensure we have labour peace in South Africa.

When disputes do occur they are managed through a set of rules and regulations.

Unfortunately, the many strikes we face do sometimes turn ugly.

But it should be known that instead of taking the law into our own hands we can turn to a world-class institution such as the CCMA.

It should also be remembered that over 1 000 new cases are referred to the CCMA every day and that it is vital for everyone who does refer a case to the CCMA that they fill in the forms LRA 7.11 carefully so referrals can be logged on the system, allowing it to run smoothly.