commission for conciliation, mediation and arbitration

Presentation to the Presentation to the

SELECT COMMITTEE ON LABOUR AND PUBLIC ENTERPRISESSELECT COMMITTEE ON LABOUR AND PUBLIC ENTERPRISES 30 November 201130 November 2011

Commission for Conciliation, Mediation and Arbitration

OVERVIEW OF PRESENTATION

VISION

To be the premier dispute prevention, 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 organisation

trusted by our social partners.

VALUES

Value Operating principles

INTEGRITYWe are honest and ethical in everything that we doWe deliver on our commitmentsWe are accountable and responsible for our performance

DIVERSITY We are a team of highly qualified individuals that is representative, at all levels, of our country’s diversity

TRANSPARENCY We work in a manner that is open and transparent, guided by our statutory obligations and commitment

EXCELLENCE

We are committed to excellenceWe continuously strive to deliver quality workWe always seek to improve our processes, and services to better serve the citizens of South Africa.

ACCOUNTABILITY

We constantly measure ourselves against our commitments and we hold ourselves responsible for our actions and the outcomes of our workWe are committed to each other and all we do

RESPECT We value differences in people and ideas and we treat others with fairness, dignity and respect.We foster a culture of trust, respect, teamwork, communication, creativity, equal opportunity, and empowerment.

FUNCTIONAL PURPOSE

Conciliate Workplace DisputesArbitrate disputes that remain unresolved after conciliationFacilitate the establishment of workplace forums and statutory councilsCompile and publish information and statistics about its activitiesConsider applications for accreditation and subsidy from Bargaining Councils and private agencies Supervise ballots for unions and employer organizationsProvide training and advice on the establishment of collective bargaining structures, workplace restructuring, consultation processes, termination of employment, employment equity programmes and dispute prevention.

THE SIYAPHAMBILI STRATEGY

SiyaphambiliSiyaphambili = ‘We are moving Forward’

The Siyaphambili strategic plan was crafted on previous plans as the basis for business continuity, and includes input from all key stakeholder groups (internal and external).

The plan sets out the Goals and Strategic Objectives, Key Performance Areas & Measureable Outcomes for the for the organisation for the next 5 years i.e. 2011 to 2015.

The strategic plan will determine the allocation of resources and will drive the performance management system of the CCMA.

The plan outlines the strategy for the organisation as an entity and will be the basis for each team within the organisation to determine their priorities in order that the overall organisational goals may be achieved.

STRATEGIC GOALS

1. We will position the CCMA to impartially promote social justice and economic development in the world of work.

2. We will deliver professional, user-friendly, quality services with speed.

3. We will maintain organizational effectiveness and strive for continuous improvement.

STRATEGIC OBJECTIVES

Enrich the role of the CCMA in the Labour Market.

Build skills to achieve professionalism.

Deliver excellent service rooted in social justice ensuring a balance between quality

and quantity.

Enhance and entrench internal processes and systems for optimal deployment of

resources.

Align the structure that will enable optimal implementation of the strategy.

Entrench an organisational culture that supports the delivery of our mandate.

CORPORATE GOVERNANCE

The Commission for Conciliation, Mediation and Arbitration (CCMA) is a statutory body established in terms of section 112 of the Labour Relations Act of 1995 (LRA), as amended

The CCMA is governed by a Board referred to as the Governing Body (GB) in terms of section 116 of the LRA

The GB is made up of an independent Chairperson and representatives from Government, Organised Labour and Organised Business. The members of the GB are appointed through a process managed by NEDLAC by the Minister of Labour.

The GB is the Accounting Authority in terms of the PFMA. The Governing Body Charter clearly and concisely sets out the roles, duties and responsibilities of the GB as well as salient corporate governance principles.

CORPORATE GOVERNANCE (contd)

The GB appoints a Director, in terms of section 118 (1) of the LRA. The Director fulfils the functions of Accounting Officer (Chief Executive).

The LRA specifically tasks the GB with appointing Commissioners and determining their conditions of service (S117), the GB may not delegate the appointment of the Director, appointment / removal of Commissioners, deposit or investment of surplus money or accreditation and subsidy functions.

In terms of section 113 of the LRA, the CCMA is independent of the State, any political party, trade union, employer, employers’ organisation, federation of trade unions or federation of employers’ organisation

Executive AuthorityMinister of Labour

Parliament

Organised BusinessOrganised Labour

Director

Finance & Risk Sub Committee

Nominations and GovernanceCommittee

Governing Body

Human Resources Sub Committee

Audit Committee

Staff

Essential ServicesCommittee

Accreditation & Std’sSub Committee

CORPORATE GOVERNANCE (contd)

The GB retains full and effective control over the governance of the CCMA. This responsibility is facilitated by a well developed governance structure comprising various Governing Body committees and a Delegation of Authority Framework. The delegation framework assists in the control of the decision-making process and does not dilute the duties and responsibilities of the Governing Body. In terms of section 122 of the LRA.

The GB has established committees that assist with the fiduciary responsibilities of the CCMA.

The CCMA is a schedule 3A institution in terms of the Public Finance Management Act (PFMA)

The Director implements and oversees the GB strategy and manages and directs the activities of the Commission.

CCMA GOVERNING BODY

CHAIRPERSON

GOVERNMENT REPRESENTATIVES

ORGANISED LABOUR REPRESENTATIVES

ORGANISED BUSINESS REPRESENTATIVES

Ms Tanya Cohen

Mr Narius Moloto

Mr Bheki Ntshalintshali

Mr Leon Grobler

Mr Elias Monage Mr Thembinkosi Mkalipi

Ms Ntsoaki Mamamshela

Mr Ian Macun

DIRECTOR

Ms Nerine Kahn

Mr Kaizer Moyane

Ms Aruna Ranchod

ORGANISATIONAL STRUCTURE

MANAGING ETHICS

GB MNGT COMMS STAFFFramework on Corporate Governance in the CCMA ♥ ♥ ♥ ♥

Charter for the Governing Body and its subcommittees ♥

Charter for the EXCO and its subcommittees ♥Enterprise Risk Management ♥ ♥ ♥ ♥Internal Audit function ♥ ♥ ♥ ♥Code of Conduct for Commissioners ♥ ♥Code of Conduct for Support Staff ♥External Hotline managed by an independent service provider – Publicised ♥ ♥ ♥ ♥

Policy on Conflict of Interest and Disclosure: ♥ ♥ ♥ ♥

Applications for Extraneous employment ♥ ♥

MANAGEMENT OF COMPLAINTS

GOVERNANCE STRUCTURES OF SCM

The Governing Body approved a new Supply Chain Management policy and the Director established the following governance structures :

Bid Specification CommitteeBid Evaluation CommitteeBid Adjudication Committee

Process includes a separation of adjudication and awarding authorities.

NEW SUPPLY CHAIN MANAGEMENT POLICY

Context:

The Auditor General audited the CCMA process on SCM during the 2009/10 financial

year, the findings in the main were that the CCMA’s SCM policy did not comply with

certain legal prescripts.

NEW SUPPLY CHAIN MANAGEMENT POLICY

Actions by the GB:

In August 2010 the old SCM policy was suspended by the Accounting Officer in line

with the advice of the AG.

In the interim the existing legal prescripts were relied on by the CCMA as SCM policy

The new SCM policy was drafted in consultation with the National Treasury and AG.

The Governing Body approved the new policy in its meeting effective 01 April 2011.

A directive from GB to management to train all staff on the new SCM policy

Regular reporting on SCM processes into the GB meetings for oversight.

IMPLEMENTATION OF THE SCM POLICY

The SCM unit of the CCMA was capacitated on the new SCM policy through extensive training. The CCMA trained all management in the organisation on SCM policy and procedures. Governance structures on SCM processes were streamlined and improved to be in line with the Treasury Regulations.Members of all bid committees were subject to compulsory SCM training The GB and its sub committees (Audit, Finance and Risk ) are playing an active role in observing and supporting governance of SCM processes.A marked improvement and significant decrease in the number of deviations in SCM processes was noted. The CCMA was commended by the AG for the 2010/11 financial year audit of the CCMA.

MONITORING AND EVALUATION OF SCM PROCESSES

The following Monitoring and Evaluation measures have been put in place to ensure continuous compliance to SCM processes:

The Director has to report to the National Treasury and Department of Labour on the implementation of SCM processes by the 10th after month end.

All SCM officials are compelled to sign a declaration form disclosing conflict of interest issues and the DoL to assist with security clearance of SCM officials.

All deviations on SCM processes need to be recorded in the register and reported to all committees of the GB and GB on a quarterly basis.

All deviations which need condonation by the National Treasury need to be reported to all committees of the GB and GB as and when they happen.

The CCMA makes direct and indirect contributions to job creation and poverty alleviation, through

This is carried out mainly through the CCMA’s contribution to saving jobs and promoting employment security. This entails two main activities / services:

The ongoing development and application of the CCMA job saving strategy.

The CCMA’s outreach services regarding capacity building and awareness raising for users and social partners on dealing with job insecurity and business distress.

CONTRIBUTION TO JOB CREATION & POVERTY ALLEVIATION

Through promoting employment security and saving jobs it is suggested that a direct and important contribution is made to poverty alleviation.

It is suggested that an indirect contribution is made to both job creation and poverty alleviation through assisting in the maintenance of economic and industrial stability in the affected sectors, along with maintaining a base on which to create jobs.

The CCMA also makes both a direct and indirect contribution to job creation and poverty alleviation through its dispute resolution services delivered on a daily basis.

The CCMA’s outreach services regarding building capacity amongst users to effectively utilise its dispute resolution services is also a significant factor to take into account.

This presentation concentrates on the CCMA’s job saving strategy, with a particular reference to its role in delivering the NEDLAC Training Layoff Scheme.

CONTRIBUTION TO JOB CREATION & POVERTY ALLEVIATION

CCMA JOB SAVING STRATEGY

An important development over the past year has been the further conceptualisation, development and implementation of the CCMA’s holistic, integrated approach to addressing business distress and job insecurity. This has evolved into an overall job saving strategy.

Entails a multi-faceted process aimed at dealing with the factors at play in a potential or actual job insecurity situation.

The overall objective is to leave no stone unturned in pursuing the quest for business health and job security.

Where this is not possible, to not let any retrenched worker ‘walk into the sunset’ without facilitating the provision of survival and support mechanisms.

KEY ASPECTS TO CCMA JOB SAVING STRATEGY

Business rescue / recovery: early workplace-based interventions and interventions linked to large scale facilitation and training layoff referrals.

Determination and understanding of the economic rationale for business distress: analysis of a company’s finances and ascertaining whether the distress warrants income and/or job loss.

Enhancement of the large scale facilitation process, including exploration of appropriate alternatives to income loss and retrenchment: includes enhanced capacity to effectively implement and the strategic and effective use of the training layoff scheme and variants of it.

Facilitation of survival and support mechanisms for retrenched workers through partnerships with other organisations

Continuous exploration of new and improved approaches and mechanisms through ongoing sharing of experiences and learnings between facilitators.

LARGE SCALE RETRENCHMENT STATISTICS (S189A)

S189A Facilitation Statistics 2009 2010 2011 (YTD)

Referrals 420 400 302

Employees likely to be affected 45,844 38,783 20,472

Employees retrenched 15,462 12,132 3,509

Jobs saved 14,506 9,182 4,637

DELIVERY OF THE TRAINING LAYOFF SCHEME

The TLS went through a ‘bedding down’ phase and experienced a number of challenges, following its initiation in September 2009.

More recent developments have resulted in key amendments to the Scheme’s rules, improving the Scheme’s provisions and simplifying eligibility requirements.


From the Scheme’s launch in September 2009 to 31 October 2011, active application of the Scheme involved 76 companies, along with the associated trade unions, involving 11,066 workers:

There were 17 cases where training had been completed, involving 6,083 workers.

In a further 22 cases the TL requests were fully processed by the CCMA, National Skills Fund (NSF) and project Evaluation Committee (PEC), with SETA training underway, involving 2,154 workers.

35 cases were with the SETA and the NSF for processing before submission to the PEC, involving 2,673 workers.


Cases withdrawn or not recommended:

In 28 cases the parties involved withdrew for various reasons, involving 2,060 workers. Withdrawal has not always being for negative reasons – in certain cases due to due to stabilisation of the business.

In 31 cases involving 2,434 workers, training layoff was not recommended by the CCMA Advisory Committee. In the majority of these cases the reason for not recommending was due to the business actually not being in distress. Another reason that has arisen more recently has been the lack of an employment relationship.

In total, 137 cases were processed by the CCMA involving 15,800 workers (including cases withdrawn and not recommended).

MONTHLY UPTAKE OF TRAINING LAYOFF SCHEME

Sep 2009 – Oct 2011

TRAINING LAYOFF SCHEME: ACHIEVEMENTS

Jobs potentially saved and businesses stabilised

Currently, a total of about 11,066 jobs currently stand to be saved, involving 76 companies. In 17 cases the training has been fully completed, involving 6,083 workers.

This has been referred to as “a drop in the ocean” compared to the number of jobs lost!

Most of the initial million jobs that were lost was before the inception of the TLS. Every job saved and family supported counts!

Important to place the TLS within the broader quest to promote and maintain employment security. Within this context, it is suggested that the TLS is an important component with significant potential.


The Scheme established against severe odds

Despite the fact that there was no SAn precedent and the Scheme had to be designed and implemented from scratch, the mere fact that it came into existence and immediately started to deliver is a success.

The first TL at Atlantis Foundries has been a great success.

The TLS is now established as a permanent mechanism to include in the broader quest to alleviate business distress and save jobs.


Collaboration and co-operation of implementing partners

It is an achievement in itself that the implementing partners collaborated and co-operated across institutions, departments and ministries in operationalising the Scheme.

This success is significant especially considering that there was no legislation or regulation governing the Scheme.

It resulted in the development of new partnerships and collaborative efforts within and beyond the Scheme.

For example, a proportion of cases that were withdrawn were due to alternative solutions found and financial health being regained through a Productivity South Africa (PSA) intervention.


The inception of the Training Layoff Scheme gave life to the CCMA’s holistic approach to job and employment insecurity

Whereas the approach had germinated in the early part of 2008 as a response to escalating job loss, the approach gained momentum with the implementation of the TLS as one of the alternatives to job loss.

This has now evolved into the CCMA’s Job Saving Strategy.


Indirect benefits

An important indirect benefit of the TLS initiative is that in the process of engaging with the TLS, in certain cases a more rigorous enquiry into addressing business distress and job loss has resulted.

This in itself is having a positive effect, with in some instances the causes of the business distress being adequately addressed to not necessitate any job or income loss, including training layoff.

The process of analysing whether a business is in distress or not has resulted, as indicated earlier, in surfacing the fact that the business in certain cases is not in distress and does not warrant a TL.

This is an important learning and highlights the need for mindset shifts and capacity building on more creatively dealing with business distress and not reverting to job loss inappropriately.


The concept is sound

In assessing the effectiveness of the TLS, it is important to distinguish between the current design of the Scheme and the basic elements of the Scheme.

The Scheme’s design still requires considerable attention in terms of streamlining and making more practical. However, all indicators point towards the concept and essential elements being sound.

The experience the date has confirmed that the TLS is an effective mechanism to address business distress and job insecurity, when applied under the appropriate circumstances.

Studies of the international experience has also supported this perspective.

There are number of success stories both in terms of the application of the TLS and the holistic approach (see SALB case studies).

TRAINING LAYOFF SCHEME: CHALLENGES

The initial challenges and teething phase have been traversed to a large extent, however:

Misunderstanding about the functioning of the Scheme and the associated rules still prevails.

Views on the effectiveness of the Scheme also tend to be informed by the assumption that the TLS should save all jobs rather than it is one of a package of job saving mechanisms.

New challenges regarding the interpretation of the Scheme’s rules are emerging, particularly where the status of the employment contract is involved. An example is where a labour broker has applied for a TL.


Relatively complex multi-partner design of the scheme

While the situation has improved, the current design of the Scheme has resulted in significant delays and bureaucratic hurdles at times for users.

This has endangered the financial viability of genuine applicants and there has been a call for a method to bridge the gap between application and final approval.

Linked to the relatively complex design of the Scheme, the TLS rules can be seen as not sufficiently flexible.

Where an employment contract is not in place, such as expiry of contract in the construction sector, the TLS does not apply. This has caused misunderstanding and caste the Scheme in a negative light at times.


Social partner role

Worker insecurity and employer lack of confidence in the Scheme at its initial stages prevailed. Amendments to the rules have alleviated concerns to a certain extent.

Workers fear that they risk their severance packages and employers have expressed concern about the bureaucracy involved in applying for participation and the possibility of long delays.


A more integrated approach required

The successful application of the Scheme in many cases requires it to be integrated in a broader set of strategies.

While progress has been made in this regard, the full and creative application of a more holistic approach by all parties involved in addressing business distress and averting job loss requires further emphasis and development.

This includes the use of alternative approaches where the TLS does not currently apply.

Sectorally-based approaches and strategies require more attention.

An example is the Ostrich Farming sector currently under considerable distress.


Overall management and driving of the Scheme

While the administration of the Scheme has been transferred to the DHET, accountability to one ultimate authority with the power to direct effective implementation and make the necessary interventions in a timely manner is still not adequately in place.

A TLS Task Team that was established earlier this year has now been disbanded .

Lack of a clearly defined central structure and champion to drive the Scheme.


Training impact and role of SETAs

Information and analyses of impact of training and final TLS outcomes is inadequate.

Input from CTFL SETA: difficulties with administration of funds, early withdrawal of participating workers, along with frequent absenteeism.

The role of the SETAs both in the delivery of the Scheme and in broader initiatives using the Scheme’s concept require further attention.

While certain SETAs have shown impressive support for the TLS, effective and timeous delivery at the SETA processing stage continues to be a challenge.

TRAINING LAYOFF SCHEME: MOVING FORWARD

Greater emphasis be placed by all labour market role players on job saving at individual company level, employment security at sectoral level and enhanced employability through skills development.

The vision of a TLS as a permanent feature of the South African labour market be pursued, as one of the mechanisms to address continuing job loss and poor employability of workers.

The TLS design be streamlined and simplified, along with the TLS concept applied more broadly, with SETAs being central to this. The international experience be drawn from for this purpose.

The further development, promotion and application of an integrated strategy for addressing business distress and employment insecurity be prioritised.

PLANS TO RAISE AWARENESS IN RURAL AREAS

The CCMA’s Dispute Management & Prevention Department offers a range of support services to trade unionists, advice officers, managers and workers.

From small beginnings involving a few workshops, these services now deliver a multitude of activities each year, reaching communities all over South Africa. This includes most if not all rural areas.

The focus of the services is on capacity building, information sharing, awareness-raising and problem-solving.

PLANS TO RAISE AWARENESS IN RURAL AREAS

Outreach services are delivered through a variety of activities. This includes:

Awareness raising on the law, workplace rights and the CCMA’s services through community radio sessions, Izimbizo meetings and road shows.

Capacity building on the law and best practice use of the CCMA through workshops, presentations and seminars.

Contributing to the transformation of workplace relations through Building Workplace Relations, Managing Conflict in the Workplace and Dealing with Workplace Discipline projects.

Facilitation of social partner events on topical labour market and legal issues through sector summits, user forum meetings and seminars.

DELIVERING ON THE SOCIAL JUSTICE MANDATE

A key aspect to the CCMA’s outreach services is the delivery of the CCMA’s social justice mandate through:

ensuring accessibility to the law and the CCMA to all;

promoting the treatment of all CCMA users with respect and dignity; and

prioritising the empowerment of vulnerable sectors and communities.

The DMP Department’s current strategy and operational plan requires all CCMA Regions to prioritise the Agricultural Sector and one other vulnerable sector.

A strong focus is thus placed on awareness raising and capacity building in rural areas. The reach of the CCMA in this regard is significant.

MAIN MECHANISMS IN REACHING RURAL COMMUNITIES

Communities in rural areas are mainly engaged through the CCMA’s user forums, community radio programme, Izimbizo meetings and road shows.

All corners of South Africa are reached in this manner with priority placed on empowering unorganised workers, NGOs / CBOs and small businesses.

Community radio

The CCMA has free access to community radio stations across all of its regions, with the exception of the Nn Cape, where the CCMA pays for radio slots in Calvinia and Springbok areas (areas with exceptionally high unemployment rates).

Topics addressed include an introduction to the CCMA, how to refer disputes, representation at the CCMA, addressing unfair discrimination in the workplace and a many other legal issues.


Izimbizo meetings

The community in an area is invited to a meeting where the CCMA is introduced, the CCMA DVD ‘Trouble at Work’ may be shown, workplace rights discussed and question and answer session held. The DVD is in 4 languages. Izimbizo meeting are usually held in collaboration with DoL, justice centres and other state entities.

User Forum meetings

These events provide a platform for the exchange of information, ideas and experiences on the effective running of the CCMA. Updates on CCMA developments are also given.

Road shows

Using the Northern Cape as an example, the CCMA commissioners travel with DoL inspectors to farms and inputs are made aimed at creating awareness on the CCMA and its services.

Commissioners also visit Dol UIF pay point centres and use the opportunity to give advice and raise awareness on the CCMA.

Most rural areas in the Northern Cape are visited in this manner.

Other CCMA Regions follow similar approaches.


Other activities

Activities in rural areas also include labour market forum meetings, sector summits and skills development workshops and seminars.

The Mpumalanga CCMA office, for example, is currently involved in a facilitatory role in the Economic Commission on the Provincial Economic Growth & Development Plan.

This office previously played an active role in facilitating an Agri-sector Accord. An important aspect of this was trade union access to farm workers.


Project 2.1 Awareness Raising REGION Cumulative Activities Conducted 1 April to 31 October 2011

A minimum of sixty (60) awareness raising activities held nationally through the following:

Radio talk shows;Road shows;Izimbizo meetings;Information sessions; andOther awareness raising activities.

EC 8

FS 38

GAJB 28

GATW 16

KZN 14

LP 36

MP 21

NC 15

NW 24

WE 13

TOTAL 213

Project 2.2 Knowledge and Skills Development REGION Cumulative Activities Conducted 1 April to 31 October 2011

A minimum of sixty (60) skills and development activities held nationally through the following:

Best Practice Workshops;Short Session Presentations;Breakfast & Cocktail Seminars; andLabour Law Seminars

EC 18

FS 28

GAJB 12

GATW 8

KZN 22

LP 23

MP 16

NC 11

NW 12

WE 26

TOTAL 172

Project 2.3 Empowerment of Vulnerable Sectors & Constituencies

REGION Cumulative Activities Conducted 1 April to 31 October 2011

A minimum of hundred and twenty (120) activities held nationally using the same delivery methods as in 2.1 and 2.2 above with 50% devoted to the Agric-sector and the other 50% devoted to one other vulnerable sector and or constituency:

EC 8

FS 12

GAJB 10

GATW 3

KZN 14

LP 0

MP 2

NC 6

NW 8

WE 15

TOTAL 78

Project 3.1. Awareness Raising, Education & Training on dealing with Job InsecurityProject 3.2. Promotion of CCMA job saving & business turnaround approaches and interventions.

REGION Cumulative Activities Conducted 1 April to 31 October 2011

A minimum of two hundred (200) activities held nationally through the following:

Inputs made through accessible community radio stations on “dealing with job insecurity”;Seminars held regarding job security and

survival mechanisms;Workshops and presentations focusing on

“dealing with job insecurity”; andPresentations on the TLS and the CCMA holistic

approach.

EC 24

FS 12

GAJB 25

GATW 17

KZN 12

LP 1

MP 6

NC 6

NW 14

WE 24

TOTAL 141

DMP Capacity building & Outreach services conducted in the 2010/11 year

121 User forum meetings and social partner events were held and participated in;

274 awareness raising activities were conducted

274 knowledge and skills development initiatives were held;

127 knowledge and skills development initiatives targeting vulnerable sectors and constituencies were held;

327 activities were conducted on the promotion of Employment and job security and four (4) new partnerships formed to support this initiative.

GEOGRAPHIC ACCESSIBILITY

12 Regional Offices

6 Satellite offices

Over 480 on-site Hearing rooms

Over 250 off-site Hearing venues

Access via Department of Labour offices

ACCESSIBILITY: EASTERN CAPE

Aliwal North Umthatha UitenhageButterworth Cradock Willowmore

East London Graff-Reinet Grahamstown

Fort Beaufort Humansdorp King Williams Town

Lusikisiki Joubertina Middelburg

Maclear Port Elizabeth Mount Ayliff

Queenstown Somerset East

ACCESSIBILITY: FREE STATE

Bethlehem Harrismith HertzogvilleKroonstad Ladybrand PertusburgQwq-qwa Sasolburg WelkomZastron

ACCESSIBILITY: GAUTENG

Benoni Brakpan GermistonKempton Park Carletonville LuipaardsvleiRandfontein Roodepoort SebokengVanderbijlpark Vereeniging BritsBronkhorstspruit Pretoria SoshanguveTemba

ACCESSIBILITY: KWAZULU NATAL

Dundee Durban EstcourtHluhluwe Kokstad Ladysmith

Mandini Mooi River Newcastle

Pietermaritzburg Port Shepstone Stanger

Ulundi Vryheid Pongola

Richards Bay

ACCESSIBILITY: LIMPOPO

Bela Bela Burgersfort EllisrasGiyani Hoedspruit Jane FurseLephalele Louis Trichardt ModimoleMokopane Musina NkowankowaPalaborwa Pietersburg ThabazimbiThohoyandou

ACCESSIBILITY: MPUMALANGA

Belfast Ermelo GroblersdalLydenburg Marble Hall Nelspruit

Piet Retief Sabie Secunda

Standerton Steelpoort Witbank

ACCESSIBILITY: NORTHERN CAPE

Brandvlei Britstown CalviniaCarnarvon Colesberg De Aar

Fraserburg Groblershoop Kimberley

Kuruman Springbok Upington

Victoria West Vosburg Williston

ACCESSIBILITY: NORTH WEST

Christiiana Lichtenburg Mafikeng

Mmabatho Potchefstroom Rustenburg

Taung Vryburg Zeerust

ACCESSIBILITY: WESTERN CAPE

Albertina Ashton AtlantisAvondale Barrydale Beaufort West

Bonnievale Bredasdorp Bridgton

Caledon Calitzdorp Ceres

Citrusdal Clanwilliam De Dooms

Elgin Gansbaai George

Gordons Bay Graafwater Heidelberg

Hermanus Homley Huguenot

Klawater Knsyna Ladismith

Lainsburg Lamberts Bay Louwville

Lutzville Malmesbury Mbekweni

Mooreesberg Mosselbay Oudtshoorn

Paarl Piketberg Plettenberg Bay

Porterville Prince Albert Rawstonville

Riviersonderend Riebeeck West Riviersdale

Robertson Saldanha Somerset West

St Helena Bay Stellenbosch Stillbaai

Strand Swellendam Tembalethu

Touwsriver Tulbagh Uniondale

Veldrift Villiersdorp Vredenburg

Vredendal Vredendal North Wellington

Worcester KwaNokuthula

ACCESSIBILITY: WESTERN CAPE

The DMP operational plan for the coming financial year, in addition to its existing initiatives, has a number of interventions scheduled to improve and make its services in rural areas more accessible:

An improved focus on vulnerable sectors, sectors with high unemployment and with the Agricultural Sector once again being prioritised. Existing services will be evaluated with a view to improving impact - service must ‘make a

difference to people’s lives’. New communication and information sharing measures for users will be explored. Selected information brochures are being translated into the principle languages of each

province.A new capacity building service for users on effective participation in conciliation and

arbitration hearings will be developed.

DMP PLANS TO MAKE SERVICES MORE ACCESSIBLE

SELECTED OPERATING EFFICIENCIES

Efficiencies met / exceeded (September 2011) - Efficiencies met / exceeded (September 2010) -

> 90% Ekurhuleni, Tshwane, Richards Bay, Klerksdorp, Rustenburg, Cape Town > 90% Tshwane, Northern Cape, Cape Town, George

80% to 89% Durban, East London, Free State, Johannesburg, Mpumalanga, Northern Cape, George 80% to 89% Mpumalanga

70% to 79% Newcastle, Pietermaritzburg, 70% to 79% Klerksdorp

60% to 69% Limpopo, 60% to 69% Free State, Rustenburg

50% to 59% Port Elizabeth, Port Shepstone 50% to 59% Port Elizabeth, Durban, Newcastle, Pietermaritzburg, Richards Bay, Limpopo

40% to 49% 40% to 49% Ekurhuleni, Port Shepstone

< 39% < 39% East London, Johannesburg

REGIONAL PERFORMANCE AS AT 30 SEPTEMBER 2011Requirement Weighting ECEL ECPE FS GAEK GAJB GATW KNDB KNNC KNPM KNPS KNRB LP MP NC NWKD NWRB WECT WEGE NationalPre-conciliations heard (10%) 1% 4 5 5 4 5 4 5 5 5 5 5 4 5 4 4 5 5 5 5Pre-conciliations settled (7%) 7% 4 4 3 4 4 4 5 5 5 5 5 5 5 4 4 4 4 5 4Con/arbs finalised (35%) 10% 2 4 4 4 3 4 4 4 4 2 4 4 2 2 4 4 4 2 4Heard and closed (90%) 3% 4 2 4 4 4 4 4 4 4 4 4 4 4 4 4 5 4 5 4Heard outside 30 day s (0%) 20% 3 3 3 3 3 3 3 3 3 2 3 3 3 3 3 3 3 3 3Settlement rate (70%) 15% 4 4 3 4 4 4 4 4 4 2 4 3 4 4 4 4 4 5 4Arbitrations finalised (90%) 3% 4 2 4 4 4 4 4 4 4 4 4 2 4 5 3 5 5 5 4Late aw ards - by commissioner (0%) 5% 3 3 3 3 3 3 2 3 3 2 3 3 3 3 3 3 3 3 3Late aw ards - sent to parties (0%) 20% 2 1 2 1 2 1 1 1 1 1 1 1 1 2 2 1 3 2 1Postponements/Adjournments (6%) 7% 3 2 4 4 3 4 3 2 2 3 4 2 4 4 4 4 5 5 4Process rew orks (8%) 7% 3 2 2 4 2 4 4 1 2 2 4 2 4 5 4 4 5 5 4Turnaround time - conciliation (30 day s) 2% 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4Turnaround time - arbitration (60 day s) 2% 4 2 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 5 4Total 100% 44 38 45 47 45 47 47 44 45 40 49 41 47 48 47 50 53 54 48Efficiencies met / ex ceeded 11 7 11 12 11 12 11 10 10 7 12 9 11 11 12 12 13 11 12% met / ex ceeded (September 2011) 85% 54% 85% 92% 85% 92% 85% 77% 77% 54% 92% 69% 85% 85% 92% 92% 100% 85% 92%% met / ex ceeded (August 2011) 77% 62% 85% 92% 77% 92% 85% 62% 77% 69% 92% 62% 85% 92% 85% 92% 92% 92% 77%Average Rating (weighted) 3.02 2.76 3.02 3.15 3.07 3.15 3.11 2.90 2.97 2.28 3.23 2.76 3.03 3.24 3.33 3.21 3.72 3.58 3.16% Rating (weighted) 60.40% 55.10% 60.30% 63.00% 61.30% 63.00% 62.20% 58.00% 59.30% 45.60% 64.50% 55.10% 60.50% 64.80% 66.50% 64.20% 74.30% 71.55% 63.20%Ranking - September 2011 (weighted) 12 16 13 7 10 7 9 15 14 18 5 16 11 4 3 6 1 2

Clustered ECEL ECPE FS GAEK GAJB GATW KN LP MP NC NW WEAv erage rating (w eighted) 3.02 2.76 3.02 3.15 3.07 3.15 3.10 2.76 3.03 3.24 3.16 3.74% Rating (w eighted) 60.40% 55.10% 60.30% 63.00% 61.30% 63.00% 61.90% 55.10% 60.50% 64.80% 63.20% 74.75%Ranking (September 2011) 9 11 10 4 7 4 6 11 8 2 3 1Ranking (August 2011) 12 11 9 4 8 4 6 10 7 2 3 1

REGIONAL PERFORMANCE FROM 1 APRIL 2011 TO 30 SEPTEMBER 2011

CASELOAD

154, 279 cases per annum as at 31 March 2011

12,857 cases per month, or

2, 967 cases per week, or

591 cases each working day

25% increase over the last 5 years

Indicator of economic conditions

Budgetary challenges

PROMOTING INDUSTRIAL PEACE

Maintained relative industrial peace in the run up to and during the 2010 Fifa World Cup by the implementing a structure, process and monitoring mechanism to deal with disputes that had potential to impact adversely on the event.

Successfully intervened in major national interest disputes including: Transnet, Metrorail, Eskom, Motor Industries

PUBLIC SECTOR EXCELLENCE AWARDS

Received awards for Public Sector Excellence in the category ‘Best Reputation: Legal Sector’ two years in a row.

Nominated as one of the top three organisations in the Legal Sector by the citizens of South Africa

The Awards are a significant indicator of recognition of the work and the role the CCMA plays in South Africa.

LABOUR MARKET CHALLENGES

Increasing accessibility especially into the rural areas where the most vulnerable of

workers are to be found.

The need to find ways to better promote the orderly exercise of the right to strike which

has been on the increase and often been marred by violence in some key national

strikes leading to loss of life and damage to property;

Finding a common ground resolution between the social partners on the question of

Labour Brokers / Temporary Employment services

LABOUR MARKET CHALLENGES

To develop and find acceptance among the social partners of a strategy that will

enable the CCMA to place job preservation and creation at the centre of its work in

collective bargaining to promote social contracts between business, government and

labour at national sector level;

Ensuring the long term legitimacy of centralized collective bargaining bargaining i.e.

self-regulated bargaining councils and the ministerial extension of collective

agreements to non-parties and the and enforcement of such agreements amidst wide-

scale non-compliance

RevolutionisingRevolutionising Workplace RelationsWorkplace Relations

commission for conciliation, mediation and arbitration

Documents