Fundada: 1996


Comisión para la Conciliación, Mediación y Arbitraje (CCMA)


Contacto y servicios

Nombre oficial de la Institución:
Commission for Conciliation, Mediation and Arbitration (CCMA)
Dirección postal:
28 Harrison Street
Johannesburg
2001
Gauteng
Sudáfrica
(011) 377-6650/6600
info@ccma.org.za
http://www.ccma.org.za/
Ámbito:
National
Delegaciones:
Johannesburg - Port Elizabeth - Bloemfontein - Ekurhulen - Pretoria - Durban - Pietermaritzburg - Port Shepstone - Newcastle - Richards Bay - Polokwan - Mpumalanga - Kimberley - Klerksdorp - Rustenburg - Cape Town - George
Idioma(s):
Inglés, Afrikáans
Servicios ADR:
Arbitraje, Mediación, Conciliación
Especialidades:
Laboral

Información general

Fundada:
1996
Representante:
Nerine Kahn
Director
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 dispute resolution 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 democratisation 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, organised business and organised 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, organisational rights, effective resolution of conflict and higher levels of co-operation resulting in greater flexibility and improved productivity outcomes.

Vision

To be the premier dispute management and dispute resolution organisation.

Mission

The purpose of the CCMA is to promote social justice and economic development in the world of work and to be the best dispute management and dispute resolution organization trusted by our social partners.

Cláusulas y Reglamentos

Cláusulas

Reglamentos

Referring a dispute
If you are an employee in dispute with your employer, or vice versa, over a matter such as:

- dismissal
- wages and working conditions
- workplace changes, or
- discrimination

You may want to ask the CCMA to conciliate or even arbitrate your dispute. A union or employer's organisation may also initiate this action. You do not need the other party's consent before taking a matter to the CCMA.

Please visit our website for further details and information.

Panelistas

Please visit our website for additional information regarding our panel of neutrals.

Otra información de interés

The CCMA's statutory functions, as set out in the Labour Relations Act, 66 of 1995 (LRA), are divided into those which are compulsory and those which are discretionary.

The CCMA's compulsory statutory functions are to:

- conciliate workplace disputes;
- arbitrate certain categories of disputes that remain unresolved after conciliation;
- establish picketing rules;
- facilitate the establishment of workplace forums and statutory councils;
- compile and publish information and statistics about our activities;
- consider applications for accreditation and subsidy by bargaining councils and private agencies; and
- provide support for the Essential Services Committee.

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