On 21 April 2023, important amendments relating to the Commission for Conciliation, Mediation and Arbitration have been published in the Government Gazette.
Firstly, the long-awaited new CCMA Rules have now been published. A copy of this can be accessed here for download.
Some of the pertinent changes relate to -
- compliance with POPIA by the parties;
- notice of set-down to be sent by SMS; also utilising the CCMA’s electronic referral online portals;
- (non) signature of documents and including electronic signatures;
- condonation applications and the commissioner’s discretion to allow a late condonation application;
- applying for urgent picketing rules; and establishing picketing rules before issuing a certificate of non-resolution;
- postponements of arbitrations clarified;
- applications for disclosure of information under rule 31;
- extension of conciliation period;
- applying for enforcement of compliance orders;
- requests for re-enrolment of a matter;
- clarifying the application of s188 (enquiry by arbitrator) in view of case law developments;
- expert witnesses; electronic service of subpoenas and witness fees;
- payment of arbitration fees when procedural unfairness in a dismissal had been determined.
Amendments to the LRA Regulations have also been published, specifically replacing the standard CCMA referral forms with new versions. All these forms can be accessed here, and should soon be available on the CCMA website as well.
At a glance, it seems that the new forms mostly provide for additional sections relating to compliance with POPIA and the processing of personal information when referring a dispute and also during CCMA proceedings.
Contact:
Judith Griessel, Labour Law Specialist
Griessel Consulting
www.griesselconsulting.co.za
