SASLAW PRESENTATION 28 March 2012 Core Function of the CCMA Conciliation/Facilitation Arbitration S115 Provincial Operational Plan aligned to National plan (Siyaphambile Strategy) aligned to KPA’s 1. 2. 3. We will position the CCMA to impartially promote social justice & economic development in the world of work. We will deliver professional, user-friendly, quality services with speed. We will maintain organizational effectiveness & strive for continuous improvement ITEM WEIGHTING ECEL ECPE Operations & DR 60% 2.93 2.78 DM 10% 4.13 4.14 Mediation 10% 4.00 3.80 Finance 20% 2.00 5.00 Average Rating 100% 2.971 3.462 Average Rating % 59% 69% Ranking February 2012 12 6 Ranking January 2012 12 5 Pre Conciliations Conducted – 15% Pre Conciliations Settled – 7% Conciliations outside of 30 days – 0% Closure of Con/Arb – 40% Closure Conciliations – 90% Closure Arbitrations – 90% Settlement Rates – 70% Late Awards – 0% Conciliation Turn Around Time – 30 days Arbitration Turn Around Time – 60 days Postponements – 6% Stakeholders Empowerment Promotion of Employment Security Transforming Workplace Relations User Compliance & Removal of Social Justice blockages Production of Publications Conciliation Settlement Rate Mutual Interest Settlement Rate Arbitration Settlement Rate Quality of Settlement S150 Return to Work Index Case per year 6000- 6500 Cases per month 500 -550 Full Time Commissioners 3 Part Time Commissioners 22 Budget R17 million 2011-2012 East London Split New Commissioners Training Mentorship S189A Pre- condition 50 employees Scales ie. 10 -100 Must be in Notice or apply 15 days from notice S150 Parties agree to participate Training Lay off Scheme Employer in financial distress Possibility of retrenchment Reincorporate workers in business 1. Calculation of Time Act calendar days Rules calendar days but excluded shut down 2. Jurisdictional Issues at Conciliation Nature of the issue Rule 10 defective referral Time Sign Service 3.Objection to Con/Arb S191 5A Rule 17 Time Frame and Format Objection to objection Probation Cases 4.Postponements Rule 23 When discretion When must (7 days) Concern late application 5.Representation Rule 25 Legal Representation Time Frame Quality of Application 6.Rescission Limited grounds (S144) Rule 32 - 14 days 7. Arbitration Preparation Bundles Subpoenas The CCMA has an obligation to ensure quick expeditious dispute resolution. This, however, is only possible if all role players in the system cooperate. The CCMA is as good as the role players allows it to be.