During the unprecedented times that we find ourselves living in, the Commission for Conciliation, Mediation and Arbitration has issued a Directive which has been applicable since the 11th May 2020 that records and updates us on the way forward with regards to access to the CCMA in light of the COVID-19 lockdown.
As per the CCMA Directive: Access to the CCMA during the COVID-19 lockdown issued by the Director of the Commission for Conciliation, Mediation and Arbitration, Mr Cameron Sello Morejane, on the 8th May 2020:
REFERRING DISPUTES TO THE CCMA SECTION 4
- The submission of hard copies of the referral forms are prohibited until such time otherwise directed by the CCMA;
- The referral forms may only be submitted, inter alia, via electronic mail and facsimile to the CCMA which is provided for by rule 7 of the CCMA Rules;
- The use of electronic signatures must be used and will be accepted provided the electronic signatures can be safely stored and printed or retrieved when required.
CONCILIATION HEARINGS SECTION 5
- Unnecessary physical contact is to be avoided;
- Conciliations will take place telephonically or via digital platforms;
- If the matter is not heard within 30 days of the referral a certificate with the outcome will be issued by the CCMA;
- If there is an agreement to settle the matter, the settlement agreement will be recorded electronically and sent to each party from their electronic signature;
- The Commissioner will then decide on the way to record the settlement agreement and same will be filed with the CCMA.
CASES WHERE PARTIES ARE TO APPEAR IN PERSON SECTION 8
- The CCMA is to abide by the rules of the S27 (2) of the Disaster Management Act and may convene a hearing at its premises of a venue agreed to by the parties and the CCMA in writing;
- Parties and their representatives must comply with restrictions that exist or that were imposed from 1st May 2020;
- Compulsory screenings will be administered at the venue agreed and the use of face masks and sanitizers and social distancing will apply;
- Only parties to the hearing (maximum of 10) will be allowed to attend the hearing;
- If there is any disagreement with any of the above, a notice of objection is to be served on the other party and the CCMA with reasons for the objection;
- The Commissioner or Provincial Senior will consider alternatives or if the matter should continue or be postponed.
COMMUNICATION SECTION 9
- All communication to the CCMA must be sent via electronic means.
PROTOCOL FOR VIDEO CONFERENCES SECTION 10
- The room should be quiet so as not to interfere with the audio of the recordings;
- If the CCMA is not the host of the recording the party that is the host must submit the recording as soon as the proceedings are complete as well as provide a statement stating that the recording has not been tampered with in any way.
These directives are to be read in line with the existing rules of the CCMA.
For assistance regarding the abovementioned please contact you nearest SEESA office, alternatively leave your contact details on SEESA’s website.
REFERENCES
CAMERON SELLO MOREJANE, Director of the Commission for Conciliation, Mediation and Arbitration, “CCMA DIRECTIVE: ACCESS TO THE CCMA DURING THE COVID-19 LOCKDOWN” 08TH May 2020, CCMA National Office, Johannesburg.
Commission for Conciliation, Mediation and Arbitration, https://www.ccma.org.za/Media/ArticleID/402/CCMA-DIRECTIVE-ACCESS-TO-THE-CCMA-DURING-THE-COVID-19-LOCKDOWN, posted by Tshabalala A. on the 09th May 2020 at 09:39am and accessed on the 16th May 2020 at 13:30pm.
ABOUT THE AUTHOR
Sharado Parbhoo is a Labour Legal Advisor from the Durban Office. He studied at the University of KwaZulu-Natal where he obtained his L.L.B degree and is an admitted attorney of the High Court of South Africa.