Commission for Conciliation Mediation & Arbitration (CCMA)

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[edit] General Information

  • Official name: Commission for Conciliation Mediation & Arbitration (CCMA)
  • Country: South Africa
  • City: Marshalltown
  • Type of organization: Non-profit organization
  • Date of creation: -
  • Interests: Arbitration - Conciliation – Mediation - Training
  • Fields of expertise: workplace disputes

[edit] Description

[edit] Background

The advent of the new Labour Relations Act (LRA) has raised expectations about the fundamental change in the nature of South African labour relations and of effective [[conflict resolution|dispute resolution]n and collective bargaining in particular.

For many observers, the replacement of the Industrial Court by the CCMA signals a shift from a highly adversarial model of relations to one based on promoting greater co-operation, industrial peace and social justice. The apparent shift seems all the more plausible as an unfolding democratization process intersects with the challenges of a highly competitive globalised economy, new forms of work organisation and participative decision making.

In South Africa the mechanisms offered for dispute resolution in the previous LRA, namely: Conciliation Boards and the Industrial Court lacked credibility with the State's social partners, organized business and organized labour and resulted in a very low settlement rate of disputes.

The explanatory memorandum released with the draft bill of the LRA highlighted that the previous dispute resolution processes resulted in only 20% of disputes being settled. The failure of the statutory structure to resolve those disputes effectively resulted in an excessively high workload for the Industrial Court and the unnecessarily high incidence of strikes and lockouts. More specifically, the old legislature attempted to provide a basis for relations among its citizens. However, in certain circumstances, the laws themselves impeded the promotion of good relations.

Since its inception, the CCMA has enjoyed a national settlement rate of 70% and greater - a clear signal that the CCMA is committed to restoring sound labour and industrial relations within the South African economy.

The new labour legislative environment anticipates, as well as encourages, a paradigm shift away from the old adversarial model which was characterised by high levels of conflict, union repression, discrimination, cheap labour and authoritarian managerial styles. Because of its relative informality and the greater variety of approaches and solutions which may be adopted, those groups who may be considered ill-served by the old legislature often regard the new dispensation as especially suitable for use. The premise being that it is a more co-operative model based on collective bargaining, greater participation, organizational rights, effective resolution of conflict and higher levels of co-operation resulting in greater flexibility and improved productivity outcomes.

[edit] Vision

“We will be trusted by our Social Partners to lead and facilitate the transformation of labour relations in South Africa. We will be evaluated by the quality of our processes and the value of our mediation, judgments and decisions, as well as our ability to resolve disputes fairly.

Our ideals of social justice, equity and shared prosperity are principles that will govern everything that we do. We will be proudly South African, and will be willing to learn, and in turn to share our knowledge, skills and experience with our other African partners.

We will hold dear the principles of professionalism, integrity, service and the value of sharing trustworthy relationships – our employees and associates will be proud to build careers that are associated with the Commission for Conciliation, Mediation and Arbitration (CCMA).”

[edit] Mission

The purpose of the CCMA is to promote social justice and fairness in the workplace. This will be done through the delivery of ethical, quality, innovative and cost-effective services of dispute management and dispute resolution that are in accordance with the law.

[edit] Activities

The CCMA will:

  • 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.

The CCMA may:

  • Supervise ballots for unions and employer organisations
  • Give training and advice on:
  • the establishment of collective bargaining structures
  • workplace restructuring
  • consultation processes
  • termination of employment
  • employment equity programmes
  • dispute prevention

[edit] Contact

28 Harrison Street Johannesburg 2001 Postal Address: Private Bag X94, Marshalltown 2107 - South Africa

Tel: (011) 377-6650

Fax: (011) 834-7351

Email: arbitrators@icon.co.za

[ho@ccma.org.za Official Website]

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