At this time of the year it is appropriate to look back at the performance, hopes and wishes of the Commission for Conciliation, Mediation and Arbitration (CCMA), which is the dispute resolution body set up in terms of the Labour Relations Act.
Over and above the Unemployment Insurance Fund and the Compensation Fund, the public relies very heavily on the CCMA to ensure that their labour disputes are either mediated and settled or adjudicated and finally ruled upon.
In my daily interaction with trade unions, shop stewards and employees across the spectrum, I note with pleasure the much improved knowledge of the CCMA and its functions.
In factories across the country, blue collar workers are becoming more and more aware of their rights and the ability to challenge retrenchments, dismissals and unfair treatment.
The CCMA has effectively reached out to the employers and trade unions over the years and in the past five years has done a sterling job in getting the message of their functions to the employees of South Africa.
There are those employees who abuse the system and who approach the CCMA when they know full well that their dismissal was fair and appropriate in the circumstances.
There is that unfortunate practice where employees know that if they approach the CCMA, they might get offered a month or two salary just to make the case go away. Invariably, employers find it quicker, easier and cheaper just to pay something to make the whole issue go away.
Despite the abuse of the system, it is actually working. Invariably, disputes are settled very efficiently.
During the last financial year, the CCMA received over 156000 referrals and heard over 100000 conciliations within 30 days of receiving the application. Remarkably, 16 000 arbitration awards were sent by the 14th day after completion of the arbitration process.
Over and above all of this, the CCMA supported the various bargaining councils and other accredited private agencies. The majority of the disputes (74%) are because of the allegation of an unfair dismissal. The second-highest disputed area (23%) was the challenge to various payments made to employees.
Despite much noise being made about the National Minimum Wage Act, only 1.5% of the disputes arose out of that piece of legislation. Likewise, only 1.5% of the disputes arose out of the Employment Equity Act.
The biggest users of the CCMA services were the private security industry and the retail industry. The disputes in the agricultural industry were very low.
The CCMA also oversees the Essential Services Committee, which determines different cultures for the younger generation and provided patrons with an insight into indigenous music that represents some of the earliest roots of jazz in Africa.
Our heartfelt condolences go out to the Madonsini’s family, loved ones and friends.
Her legendary work and selfless commitment to the arts and culture sector through her music ensured that her legacy will live on long after her passing.
ANROUX MARAIS | MEC for of Cultural Affairs and Sport which industries are essential services and also determines minimum service determination and/or maintenance services determination.
The CCMA monitors this very carefully. There is also a training arm which looks at vulnerable sectors in vulnerable groups and has numerous awareness activities to help them across all eight provincial offices.
Remarkably, with a depleted budget, the CCMA dealt with 2400 mutual interest disputes which could all have resulted in strike action.
They have had a direct bearing on stability, economic growth and recovery, settling almost 60% of these mutual interest disputes. Likewise, in the public sector they dealt with 145 public interest disputes and the skilled commissioners stepped in once again to contribute to labour market stability.
With the unfortunate economic environment, there have been many large-scale retrenchments, with the highest number (423) recorded this past year. Coupled with this, the CCMA has worked in partnership with Productivity South Africa and the Industrial Development Corporation to look at job-saving efforts.
This is one of their major priorities. Unfortunately, the Ministry of Employment and Labour keep downscaling the budget and to a degree, every year they are starting to affect the service delivery of the best and most effective entity in government.
As one can imagine with the second-lowest employment percentages in the world, there will be more and more disputes and we should be concentrating and supporting this entity in ensuring labour peace and stability.
The government seems hell-bent on destroying the only part of the Department of Employment and Labour that actually works.
* Michael Bagraim.
** The views expressed here are not necessarily those of Independent Media.
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