18 MARCH 2020
ATTENTION: EDITORS AND REPORTERS
SUBJECT: THE CCMA’s COVID-19 PANDEMIC RESPONSE
Following the directive issued by President Ramaphosa on 15 March 2020 and the guidelines and considerations issued by the Department of Health (DOH), the National Institute for Communicable Diseases (NICD), the Department of Public Service and Administration (DPSA), in a bid to ensure the safety of its employees, users and stakeholders at large, the Commission for Conciliation, Mediation and Arbitration (CCMA) is implementing measures to contribute towards national and international efforts to contain COVID – 19 and prevent further spread. Consideration of actions taken by the High Court, Labour Court and the Labour Appeal Court, have also been taken into account in this regard.
REFERRALS AND WALK – INS INTO CCMA PREMISES
The CCMA is suspending all points of referral requiring face-to-face interaction with users from and including Wednesday 18 March 2020 until and including Tuesday, 14 April 2020.Therefore, no persons will be permitted to walk into any of the CCMA offices either for the purposes of making enquiries and/or for serving/delivering any processes or documents. As such, the CCMA shall only accept referrals received through other non-contact methods such as Email or Fax as contained in rule 7 of the CCMA Rules. Users are kindly encouraged to use these alternative methods of serving.
All discretionary functions as provided for in section 115 of the Labour Relations Act 66 of 1995 (LRA) such as conferences, training, amongst others are postponed, unless otherwise advised.
CASES AND ALL MATTERS
To strike a balance between the continuation of cases and ensuring the protection of the lives and health of our users and staff, all matters set down between 18 March 2020 to 14 April 2020 are postponed, subject to the following exceptions:
- The pre-conciliation processes will continue as the process is conducted telephonically;
- Conciliations will continue subject to it being conducted telephonically and agreed to by parties, CCMA and Commissioner;
- Commissioners may attempt to resolve disputes using telephonic or online methods prescribed and approved by the CCMA;
- In terms of discretionary functions, large scale dismissals processes (189A of the LRA), inquiry by Arbitrator processes (188A of the LRA), and identified matters of public interest, the CCMA may approve that these matters be set down in venues other than the CCMA offices, subject to the following strict conditions:
o all Health and Safety conditions as contained in all instruments referred to in this directive are met (see paragraph 2 of this directive); and
o the parties, CCMA and the Commissioner agreeing in writing.
The CCMA will continue to monitor the situation actively and take appropriate measures and/or additional precautions. For all enquiries concerning this directive, please direct them to the following email address: email@example.com or call 011 377 6956.
The CCMA will continuously update users and stakeholders as the situation evolves. Please refer to the CCMA website, social media platforms and the CCMAConnect (mobile application) for official and up-to-date correspondence.
The CCMA also encourages users to make use of the National Institute for Communicable Diseases Coronavirus (NICD) Emergency 24-hour hotline number 0800 029 999 or the Department of Health’s WhatsApp number 060 012 3456 and to visit the NICD’s website at www.nicd.ac.za if required. For those who are tested at independent laboratories, remember that these are preliminary results. All positive results must be verified by the National Institute for Communicable Diseases.
For media enquiries Email AmosT@CCMA.org.za and/or Telephone: 011 377 6662 .