The CCMA provides a variety of workplace dispute resolution,
prevention and management services
Individual Employee / Employer
In this section you will find information on the range of dispute resolution and prevention functions the CCMA provides to individual employees and employers.
Unions, Employees, Employers, Employer OrganisationsÂ
In this section you will find information on the range of dispute resolution and prevention functions the CCMA provides to individual employees and employers.
Bargaining Councils Accreditation
Any council may apply to the CCMA Governing Body in the prescribed form for accreditation to perform any of the following functions:
resolving disputes through conciliation;
arbitrating disputes that remain unresolved after conciliation if the LRA requires arbitration.
The process to apply for accreditation of Bargaining Councils, Statutory Councils and Private Agencies:
Application must be made in the prescribed format by completing the LRA Form 7.1
The following must be attached to the form:
a copy of the Council’s certificate of registration
details of the parties to the Council
a motivation for accreditation
The Council’s Code of Conduct
The following 7 criteria must be met:
The extent to which the services provided by the applicant will meet the commission’s standard
The ability of the applicant to conduct its activities effectively
The independence of the persons appointed by the applicant to perform the functions
Details regarding the competence of the persons appointed by the applicant to perform the functions
Details regarding the applicant’s code of conduct to govern the persons appointed to perform the functions
Details regarding the disciplinary procedures used by the applicant to ensure subscription and adherence to the code of conduct
Proof that the applicant promotes a service that is broadly representative of South African society
The following guidelines apply as follows:
7 Accreditation criteria, s127(4) of the LRA.
With reference to competent service – kindly deal with issues such as quality control in respect of quality of awards and rulings issued by panellists. It is preferred that part-time CCMA Senior Commissioners are tasked with this aspect. It is recommended that you supply the names of the Senior Commissioners responsible for quality control in order to show compliance.
With reference to effective service – kindly provide statistics – Provide settlement rates, late awards (if any) and turnaround-times to mention a few. If no statistics, make an undertaking to comply with the efficiencies.
With reference to the competence of panellists, please provide us with a list of person/s on your panel. You MUST PLEASE APPLY for the accreditation of BC panelists you intend utilizing. There exists no need to apply for accreditation of existing CCMA Commissioners.
With reference to independence of panelists, kindly deal with this aspect in detail. Indicate how appointment takes place to demonstrate the independence of each panelist.
With reference to the Code of Conduct and how panelists and their infractions, if any, will be managed, kindly provide detail by attaching the Code of Conduct.
in respect of demographics- please ensure that you provide a breakdown of panelists’ names, their race, their gender and how you intend allocating the cases accordingly to assist us in assessing whether you have met this criterion.
A holistic approach is adopted in the assessment of an accreditation application.
NB: The decision to accredit or not to accredit lies solely with the CCMA Governing Body.
Essential Services Committee
The Essential Services Committee is established in terms of Section 70 of the Labour Relations Act.
The functions of the Committee are to:
- To monitor the implementation and observance of essential services determinations, minimum services agreements, maintenance services agreements and determinations.
- To promote effective dispute resolution in essential services.
- To develop guidelines for the negotiation of minimum services agreements.
- To decide, on its own initiative or at the reasonable request of any interested party, whether or not the whole or a part of any service is an essential service.
The Committee may only determine a service as essential where, in terms of Section 213 of the Act, it can be shown that an interruption of that service would, ‘endanger the life, personal safety or health of the whole or any part of the population’. Moreover, it would have to be established that a clear and imminent threat to the life, personal safety or the health of the whole or part of the population existed.
The ESC Committee members are as follows:
Luvuyo Bono
Chairperson
Joyce Nkopane
Deputy Chairperson
Zwe Ndlala
Local Government
Nomazotsho Memani
Provincial & National Government
Kgakgamatso Motebe
Labour
Zico Tamela
Labour
Ramasela Mokonyama
Business
