Commission for Conciliation, Mediation and Arbitration

1
Commission for Conciliation, Mediation and
Arbitration

• Brief on the Annual Report
• April 1998 to March 2002

2
Vision

• To promote social justice and economic growth
  with the social partners by transforming
  relations in the labour market.
• This will be achieved by delivering high quality,
  low cost, dispute resolution and prevention
  services.

3
Dispute Referrals
Daily average 414 referrals per day 1 April 01
to 30 September 01 54455 referrals Total
referrals since inception 414 306
4
Dispute Referral by Sector
5
Dispute Referral by Issue
6
Dispute Referral by Act
7
Dispute Referral by Region
8
Jurisdictional Screening
National Target 16
9
Conciliations v Arbitrations
10
Conciliation Settlement Rate
11
Employee Profile Race
Male 39, Female 61
12
Full Time Commissioners Race
13
Commissioners Race
14
Commissioners - Gender
15
Commissioners - Gender
16
Workload to Resources
17
Labour Law Amendments

• The following amendments are highlighted as they
  will have the biggest impact on the CCMAs
  operations
• Section 115 Con/Arb processes (S115.2A)
• Section 143 Orders of Court
• Section 188 Disciplinary Hearings (S188A)
• Section 191 Retrenchments (S191(12))

18
Section 115 -Functions

• The Con/Arb process will have the following
  effects
• Advantages for the CCMA
• Medium to long term potential for cost saving
• Expedient dispute resolution process
• Concerns
• Immediate system and process changes
• This will result in a cost implication

19
Section 143 Order of Court

• The Director may make an award an order of Court
• 700 applications are received by the Labour
  Courts per month.
• The Sheriff's Act 90 of 1986 Section 163 of
  the LRA requires amending.
• Requires changes to systems processes
• Additional administrative burden on the
  Directors office
• Additional resources required both human
  financial

20
Section 188 Disciplinary Hearings

• Additional demands for Commissioner interventions
• Changes to systems processes required including
  cost recovery from parties
• Hard to gauge demand at this stage

21
Section 191 - Retrenchments

• Individual retrenchments may be referred either
  to the Labour Court or the CCMA
• Last year the Labour Court dealt with some 120
  retrenchment cases
• A cost of some R 360 000 per annum can be
  expected
• The effects of this amendment will be slight