MEDIA RELEASE
02 February 2022

BOGUS INSPECTORS ON A RISE IN MERAFONG

The Department of Employment and Labour is aware of several incidents in Gauteng, particularly in the Merafong area, where people are impersonating Labour Inspectors and CCMA officials and swindling money from unsuspecting employers. Deceptive individuals posing as labour inspectors are visiting Carletonville and Fochville workplaces to conduct illegal inspections and then issuing inspection reports and Contravention notices to employers.

Forcing employers to pay an R500 fine or face the consequences. The Department emphasizes that none of the services provided by its inspectors requires payment to them or their bank accounts. There are procedures that must be followed after labour inspectors discover noncompliance with labour laws, and an immediate spot fine is not one of them.

After labour inspectors discover noncompliance with labour laws, the procedure that must be followed includes a different approach to different situations and legislation.

In accordance with the Basic Conditions of Employment Act (BCEA) – Non-Compliance, the labour Inspector issues a compliance order requiring the employer to comply within 14 days. Section 69 of the Basic Conditions of Employment Act (BCEA). If the employer fails to comply within 14 days, the Inspector will issue a confirmatory notice informing him/her that s/he failed to comply with the requirement of the compliance order and the matter will be referred to statutory services for enforcement.

There is a significant difference between the Employment Equity (EE) Act and the Occupational Health and Safety (OHS) Act. Should there be a Noncompliance with the Employment Equity Act (EEA), the inspector will issue a confirmatory notice and refer the matter to statutory service depending on the section violated, for example, section 20 is a direct referral to labour court for prosecution. Other sections are also referred to the labour court, but not for direct prosecution.

If the regulations of the Occupational Health and Safety (OHS) Act are not followed, the inspector will issue a contravention notice, giving the employer 60 days to comply; failure to comply with the Contravention notice after 60 days – The inspector will issue a confirmatory notice informing the employer that the matter has been referred for prosecution.

Also, if the Non-Compliance poses a life-threatening situation, the inspector will immediately issue a prohibition notice. A prohibition notice prohibits the person to use what is prohibited. Failure to comply results in immediate prosecution. At times the situation will require the inspector to issue an Improvement Notice.

The Department would like to reiterate that an immediate spot fine is not one of the procedures that must be followed after labour inspectors discover noncompliance with labour laws.

To avoid becoming a victim of a con artist posing as a labour inspector, the department advises you to remember the following: Genuine Inspectors are easily identified by their Inspector identification card, which bears the Departmental Logo and trademark uniforms. These are created prior to the inspection. Never deposit money into the bank account of anyone, even if they are a legitimate labour official. Do not agree to do favours for the person inspecting in exchange for a more favourable inspection result.

The Department would like to state unequivocally that all of its services are provided at no cost; we do not sell any labour publications, charts, pamphlets, or posters. The Department has no agreements or partnerships with any recruitment agencies, nor has it authorised any organisation to charge a fee for services provided by the Department.

Employers are advised not to pay for services provided by con artists posing as Labour Inspectors or CCMA officials. Employers must be extra cautious and report any suspicious visits or requests to SAPS or the Department’s nearby offices. If employers are unsure about the inspector visiting their premises, they can check the credentials with the Department’s office nearest to them.

Employment and labour inspectors conduct continuous workplace inspections across the country to ensure labour law compliance, and these criminal activities may be detrimental to their work. The Department has made a commitment to serve the public and will do so to the best of its abilities.

The Department endeavours to reflect in all its services to the public the values of; treating all clients with care, dignity and respect, respect and promoting client-centred services, accountability, integrity and ethical behaviour, learning and development, living the Batho Pele Principles, living the principles of the Department’s Service Charter and inculcate these values through the performance management system.

For enquiries, kindly contact:
Mishack Magakwe
Provincial Communications Officer: Gauteng
082 908 1828/ mishack.magakwe@labour.gov.za
Or
Petunia Lessing
Acting Chief Director: Communications
066 301 4645/ petunia.lessing@labour.gov.za

-ENDS-
Issued by: Department of Employment and Labour

Please be advised, therefore, that the Benoni Provincial Office based at CCMA Place, Cnr Woburn and Rothsay Street, Benon, 1501 will
be temporarily closed tomorrow, 22 January 2021 and will e-open on Monday, 25 January 2021. This urgent decision is taken in the
interest of safeguarding the health and well-being of CCMA staff and Users.

All cases that were scheduled for tomorrow, 22 January 2021 will be rescheduled, however, cases scheduled for hearing in altenative
venues outside the above mentioned Provincial Office will proceed as scheduled

Users may still make referrals and applications using the CCMA’s digital case referral and application platform, accessible via the CCMA website, Facebook page and directly via this link https://cmsonline.ccma.org.za altenatively users can download the CCMA mobile application; the CCMAConnect. Users can also send case-related queries o refer disputes by sending an email to Ekurhuleni@ccma.org.za and by using the following facsimile (Fax) number: 011-421-4723/48

The health and safety of CCMA staff and Users remain a priority during this time.

For media inquiries, please send an email to mediarelations@ccma.org.za

It is with regret that the CCMA confirms two additional cases of COVID ~ 19 in its Benoni (Ekurhuleni) Provincial Office.

Please be advised, therefore, that the Benoni Provincial Office based at CCMA Place, Gnr Woburn and Rothsay Street, Benon, 1501 will
be temporarily closed tomorrow, 22 January 2021 and will e-open on Monday, 25 January 2021. This urgent decision is taken in the
interest of safeguarding the health and well ~ being of CCMA staff and Users.

Al cases that were scheduled for tomorrow, 22 January 2021 will be rescheduled, however, cases scheduled for hearing in alternative
venues outside the above mentioned Provincial Office will proceed as scheduled

Users may still make referrals and applications using the CCMA’s digital case referral and application platform, accessible via the CCMA. website, Facebook page and directly via this link https:/cmsonline.ccma.org.za altematively users can download the CCMA mobile application; the CCMAConnect. Users can also send case-related queries o refer disputes by sending an email to Ekurhuleni@ccma.org,za and by using the following facsimile (Fax) number: 011-421-4723/48

The health and safety of CCMA staff and Users remain a priority during this time.

For media enquiries, please send an email to mediarelations@ccma.org.za

It is with regret that the CCMA confirms two additional cases of COVID ~ 19 in its Benoni (Ekurhuleni) Provincial Office.

Please be advised, therefore, that the Benoni Provincial Office based at CCMA Place, Gnr Woburn and Rothsay Street, Benon, 1501 will
be temporarily closed tomorrow, 22 January 2021 and will e-open on Monday, 25 January 2021.This urgent decision is taken in the
interest of safeguarding the health and well ~ being of CCMA staff and Users.

Al cases that were scheduled for tomorrow, 22 January 2021 will be rescheduled, however, cases scheduled for hearing in altemnative
venues outside the above mentioned Provincial Office will proceed as scheduled

Users may still make referrals and applications using the CCMA’s digital case referral and application platform, accessible via the CCMA.
website, Facebook page and directly via this link https:/cmsonline.ccma.org.za altematively users can download the CCMA mobile
‘application; the CCMAConnect. Users can also send case-related queries o refer disputes by sending an emal to
Ekurhuleni@ccma.org,za and by using the following facsimile (Fax) number: 011-421-4723/48

‘The health and safety of CCMA staff and Users remain a priority during this time.

For media enquiries, please send an email to mediarelations@ccma.org.za

25 NOVEMBER 2021

URGENT NOTICE

ATTENTION: MEDIA HOUSES, CCMA USERS, STRATEGIC PARTNERS AND STAKEHOLDERS

SUBJECT: NOTICE OF TEMPORARY CLOSURE OF THE CCMA TSHWANE REGIONAL OFFICE

It is with regret that the CCMA confirms a case of COVID-19 in its Tshwane Regional Office.

Please be advised therefore, that the Tshwane Regional Office based CCMA Towers, 1st Floor, 345 Pretorius Street, (Corner of Pretorius and Prinsloo Street, opposite the State Theatre), will be temporarily closed today, 25 November 2021 and will re-open on Friday, 26 November 2021.

This urgent decision is taken in the interest of safeguarding the health and well-being of CCMA staff and Users.

All cases that were scheduled for today, 25 November 2021 will be re-scheduled, however, cases scheduled for hearing in alternative venues outside the above mentioned Regional Office will proceed as scheduled.

Users may still make referrals and applications using the CCMA’s digital case referral and application platform, accessible via the CCMA website, Facebook page and directly via this link https://cmsonline.ccma.org.za alternatively users can download the CCMA mobile application; the CCMAConnect. Users can also send case-related queries or refer disputes by sending an email to: pta@ccma.org.za and by using the following facsimile (Fax) number 012-320-6600/6602/6597/6598.

The health and safety of CCMA staff and Users remain a priority during this time.

For media enquiries, please send an email to mediarelations@ccma.org.za

ENDS

22 NOVEMBER 2021

MEDIA STATEMENT

ATTENTION: MEDIA HOUSES AND EDITORS

SUBJECT: CCMA PRESENTS ITS 2020/21 PERFORMANCE HIGHLIGHTS AT THE PORTFOLIO COMMITTEE OF EMPLOYMENT AND LABOUR ON 17 NOVEMBER 2021

On Wednesday, 17 November 2021, the CCMA appeared before the Portfolio Committee on Employment and Labour to account on the CCMA’s non – financial and financial performance for the 2020/21 period. The below are the key highlights of the CCMA’s performance for the year under review against the 2020/21 Annual Performance Plan (APP).

The CCMA’s overall 2020/21 performance

The CCMA achieved an overall performance of 84%, emanating from its delivery on twenty-seven (27) of the thirty-two (32) targets set in the 2020/21 APP.

Section 189A Facilitations & The CCMA’s Job Savings strategy

Section 189A of the Labour Relations Act (LRA) No 66 of 1995 enables the CCMA to facilitate and assist parties reach consensus on alternatives that can be considered to avoid or minimize retrenchments to mitigate any adverse effects brought on by retrenchments on the labour market’s stability. As submitted by the CCMA Director, Adv. Cameron Sello Morajane, the CCMA recorded a high number in large-scale retrenchment (Section 189A) referrals in the 2020/21 financial year which were recorded at 1 124, representing a 54% increase as compared to the referrals in the 2019/20 financial year, which amounted to 729.

Morajane further stated that “he was encouraged by the CCMA’s job-saving efforts that saw 58 165 jobs saved from the138 816 likely to have been retrenched in the 2020/21 financial year. “The figure (58 165) translates to 42% jobs saved as per cases referred to the CCMA, against a set target of 20%,” said Morajane.

Jobs saved by Sector

The CCMA’s dedicated focus to job-saving has consistently yielded commendable job-saving successes. The CCMA was able to save 9 242 (35%) jobs from 26 160 employees likely to be retrenched in the mining sector, in the retail sector, 11 423 (56%) jobs were saved from 20 574 employees to be retrenched, 6 728 (58%) jobs were saved from 11 514 employees likely to be retrenched in the transport (private) sector and Metal sector with 4 119 (37%) jobs saved from 11 000 employees likely to be retrenched. Arising from the CCMA’s intervention, only 74 747 actual retrenchments were recorded in the same period.

The CCMA’s success in this area is largely attributed to the commendable and dedicated efforts of CCMA facilitators as well as vested parties who were open to exploring meaningful alternatives to avoid job losses, such as Productivity SA, Unemployment Insurance Fund (UIF), Department of Trade Industry and Competition (DTIC) and other relevant ministries. The CCMA Director submitted that the 2020/21 financial year marked the first year of the CCMA’s implementation of its new 2020/21- 2024/25 five (5) year Imvuselelo – The Revival Strategy. Despite the challenges brought about by the emergence of the Covid-19 pandemic and budgetary constraints stemming from government fiscal challenges, the CCMA continued to make meaningful contributions towards sustaining labour market stability.

During the 2020/21 financial year a total of 154 143 referrals were recorded with the Business/Professional Services sector being the highest referring sector accounting for 20% of the total referrals, followed by the Safety and Security sector at 14% and the Retail sector at 12%. In attending to these referred matters, the CCMA took twenty-three (23) days instead of the statutory stipulated timeframe of thirty (30) days to conciliate.

Collective Bargaining and Mediation

In efforts of promoting orderly collective bargaining and healthy labour relations, the CCMA continued to provide guidance and support to strategically identified Users pre-during and post negotiations periods. The CCMA also intervened and facilitated wage negotiations in the Sugar Milling Industry; Grain Industry; Pick ‘n Pay distribution centres involving NUFBWSAW, RSC Consulting and Adcorp. The latter, as per the Director’s submissions, was commendable considering that workers embarked on an unlawful strike on the eve of the lockdown, on 27 March 2020. The above and including others are part of Collective Bargaining Support Processes which include pre-during and post wage facilitations, balloting and verification exercises to minimise the risk of industrial actions. Through the 19 918 outreach services conducted in the 2020/21 financial year, the CCMA was able to capacitate 44 891 954 people to better understand the law and their rights.

Digital initiatives to ensure efficient and effective service delivery

To ensure the efficacy and accessibility to its services as well as in a bid to safeguard the health of its Users and staff amidst the Covid-19, the CCMA launched its case referral and application platform; known as the e-Referral. on 8 June 2020 and conducted web-based hearings, including using employer premises and state-owned offices for hearings at the convenience of the parties and for the speedy resolution of disputes. For the 2020/2021 financial year, a total of 2 397 matters were heard online, which translates into 1% of the total matters heard by the CCMA during this period.

A total 12 084 referrals were received via the e-Referral platform, which was designed to provide an alternative to physical User walk-ins into CCMA offices for the processing of case referrals and applications, is accessible on the CCMA’s website (www.ccma.org.za ), the CCMA’s mobile application and across its social media platforms. “The CCMA will continue to invest in its Information Communication Technology infrastructure with the aim to leverage from technological advancements with a gradual transition towards paperless based processes in order to improve efficiencies and provide quality services at a low cost to the public,” said Morajane.

CCMA’s Financial Performance

Despite the budget constraints, the CCMA maintained its going concern status through sound financial management, efficient accounting systems and through its reliance on best practices. In the presentation to the Portfolio Committee on Employment and Labour, the Chief Financial Officer (CFO), Ms Kedibone Mashaakgomo, submitted that the CCMA is financially stable with the cash and cash equivalent of R 69.4 million as of 31 March 2021. The CCMA achieved an unqualified audit opinion from the audit conducted by the Auditor General of South Africa (AGSA) covering the 2020/2021 period.

“I have serious gratitude to the entire CCMA staff for having achieved what we set out to achieve under the trying circumstances brought on by the Covid-19 Pandemic and budget cuts”, said Morajane. Mr. Thobile Lamati, the Director-General of Employment and Labour, submitted that the Department was equally concerned about the impact of the budget cuts on CCMA’s ability to deliver expeditious dispute resolution. “The Department of Employment and Labour is committing to peruse their own departmental budget to identify savings that could be transferred to the CCMA to increase its budget. Also, engagements with National Treasury are ongoing to see how best they can increase funding for the CCMA”, said Lamati.

For media enquiries, please send an email to mediarelations@ccma.org.za

ENDS

MEDIA STATEMENT & USER ADVISORY

ATTENTION: MEDIA HOUSES, CCMA USERS, STRATEGIC PARTNERS AND STAKEHOLDERS

SUBJECT: CCMA & BUSA LAUNCH THE FREE-TO-USE LABOUR ADVICE FOR SMALL BUSINESS MOBILE APPLICATION

In giving effect to the priorities enlisted in the National Development Plan (NDP) 2030, specifically the need to “increase employment through faster economic growth” and “to improve the quality of education, skills development and innovation”, the Commission for Conciliation, Mediation and Arbitration (CCMA) in collaboration with Business Unity South Africa (BUSA) has launched a free-to-use Labour Advice Mobile Application (App) aimed at offering practical labour-related guidance and support to South African small businesses and other interested persons.

The Labour Advice Mobile App is an extension of the CCMA BUSA Labour Advice Web Tool for Small Business, which is a Priority Presidential Project, borne from this collaboration and previously launched on the 29th of January 2019. The deployment of the Labour Advice Mobile App gives effect to the CCMA’s proactive stance to support both employers and employees in their pursuit towards upholding the right to fair labour practices within South Africa. In accordance to BUSA’s mandate, this initiative aims to facilitate and support the NDP objectives of decent work, economic growth, employment creation and enabling small businesses to manage workplace relations effectively in order to contribute towards labour stability as well as a productive workforce.

The user-friendly Mobile App, downloadable from Apple App Store and Google Play or via this link https://smelaboursupport.org.za, allows businesses and other interested persons, to access to a repository of employment law resources such as employment contract templates; information on CCMA processes; CCMA information sheets; infographics; guidelines on recruitment and on how to manage the employment relationship in terms of the law; procedural guidance on fair disciplinary and incapacity procedures; information on how to terminate employment contracts in a way that respects the rights of both parties; and access to important up to date resources on the effective and compliant management of Covid-19 in the workplace.

It is envisioned that the CCMA BUSA Labour Advice Mobile App will go a long way towards facilitating sound labour relations and practices, supporting and capacitating start-up businesses, and in stimulating confidence in the fair application of labour legislation.
For media enquiries, please send an email to mediarelations@ccma.org.za

ENDS

11 NOVEMBER 2021

ATTENTION: MEDIA HOUSES, CCMA USERS, STRATEGIC PARTNERS AND STAKEHOLDERS

SUBJECT: THE CCMA COMMEMORATES ITS 25th ANNIVERSARY

Today, 11 November 2021, marks the 25th anniversary of the Commission for Conciliation, Mediation and Arbitration (CCMA) since its founding in 1996, as brought on by the Labour Relations Act 66 of 1995 (LRA), which was signed into law by the late former President Nelson Mandela.

After tireless attempts at readying the CCMA’s structure, the then CCMA Management Team was finally given the go-ahead by the first post-apartheid Minister of Labour, Mr. Tito Mboweni, to open CCMA doors on 11 November 1996 for business with just ten (10) offices spread across the country. 25 years later, the CCMA has a footprint of twenty-five (25) offices nation-wide.

As of 7 November 2021, 3 566 370 case referrals have been received since that Monday morning of 11 November 1996. The CCMA’s caseload has been on an upward trajectory year on year since its establishment. Despite the rising caseload, the CCMA consistently maintained a settlement rate of above 70% year on year, with the highest caseload being recorded in the 2019/20 financial year (221 547) and its lowest in the first year of its operation; with 62 927 total case referrals.

The CCMA’s stance has over the years evolved from a dispute resolution oriented focus, to one that embraces proactive dispute prevention and management, with a focus on capacity building programmes geared towards dispute management and prevention. One of the CCMA’s proud achievements over the years has been the job-saving strategy, which has consistently yielded commendable job-saving successes. During the 2020/21 financial year, the CCMA’s job-saving efforts saw 58 165 jobs saved from the 138 816 likely to have been retrenched. The figure (58 165) translates to 42% jobs saved as per cases referred to the CCMA, against a set target of 20%.

The CCMA’s exemplary contribution to the stability of the South African labour market includes the facilitation of prominent and ground-breaking matters, such as:

• The Assign Services (Pty) Ltd v NUMSA matter that related to the deeming provision. This matter ended up at the Constitutional Court where the CCMA Commissioner’s decision was confirmed;
• The Kylie v CCMA matter which dealt with the enforceability of illegal employment contracts;
• In 2016, the CCMA successfully mediated the five (5) month protracted Lonmin Mine wage dispute and unprotected strike involving Lonmin’s unrepresented workers and the Lonmin Mine. The CCMA’s facilitation of the wage dispute led to the matter being successfully concluded with a three (3) year agreement being drawn up between the parties;
• In the 2016/17 financial year, the CCMA successfully concluded a labour market accord in Phalaborwa to facilitate the Rb15 expansion of the Phalaborwa Mine; one of the largest copper mines in the world. The accord paved the way for sustainable industrial peace and investment in local community initiatives with the potential for employment and business opportunities;
• The CCMA also successfully facilitated the resolution of a dispute that had spanned over period of fifteen (15) years between National Health Education & Allied Workers Union (NEHAWU) and the University of Witwatersrand in relation to wage disputes. The dispute was also mediated during a tumultuous time when the ‘Fees must fall’ protests had gained traction.
• The CCMA extended an offer of assistance in terms of Section 150 of the LRA Act to NEHAWU and Parliament in September of 2016. After several facilitated meetings the dispute was successfully resolved; and
• In a matter between Parastatal (National Union of Mineworkers (Num), the National Union of Metalworkers of South Africa (Numsa), Solidarity, United Association of South Africa (Uasa) and Eskom, the CCMA’s intervention led to the parties concluding a single year agreement on wage increments agreed upon by both parties; saving the country from halted electricity supplies.

The CCMA is also leading in two (2) Presidential projects arising from the Presidential Job Summit Framework Agreement of 2018, namely, the Temporary Employee/Employer Relief Scheme (TERS) and the CCMA/BUSA Labour Advice WebTool for small businesses. The TERS scheme has been instrumental in sustaining businesses and providing a ‘safety net’ for workers facing possible retrenchment whilst the CCMA/BUSA Labour Advice WebTool assists small business owners with their application of relevant employment legislation minimising the red tape and any labour-related compliance costs.

Over the years, the CCMA has also improved its internal business processes to ensure that it remains a capable and developmental organ of state which is aligned to best principles of corporate governance and ethical leadership. The CCMA has also made great strides in its efforts of digital transformation. For example, during the 2020/21 financial year, the CCMA introduced the e-Referral platform and web–based hearings.

The role and contribution of the CCMA to the labour market cannot be considered in isolation without the role played by Bargaining Councils providing sector-based dispute resolution services and enforcing collective agreements to maintain labour peace. The CCMA currently oversees the capacitation of thirty-six (36) accredited Councils and six (6) Private Agencies to expand its reach to Users.

“The CCMA wishes to extend gratitude to all those who have contributed immensely to what the CCMA has become today; a world-class dispute resolution institution”, said Adv Cameron Morajane, the CCMA Director. This anniversary presents the organisation with an opportunity to reflect on its achievements and points of learning, especially arising from the current dynamics brought on by the Covid-19 pandemic and the Fourth Industrial Revolution. I am encouraged by CCMA employees who have stayed the course in the quest for social justice, remaining committed to serve during the unprecedented times of COVID – 19 and government-wide budget cuts”, added Morajane.

The CCMA’s Governing Body Chairperson, Mr. Enos Ngutshane, said, “The CCMA will continue to make a valuable and meaningful contribution to the labour market by providing cost-effective and efficient dispute prevention and resolution services to its Users as envisaged in its current five (5) year, Imvuselelo – The Revival, the 2020/21 – 2024/25 Strategy.”

For media enquiries, please send an email to mediarelations@ccma.org.za

ENDS

30 NOVEMBER 2021

URGENT NOTICE

ATTENTION: MEDIA HOUSES, CCMA USERS, STRATEGIC PARTNERS AND STAKEHOLDERS

SUBJECT: NOTICE OF TEMPORARY CLOSURE OF THE CCMA POLOKWANE REGIONAL OFFICE

It is with regret that the CCMA confirms a case of COVID-19 in its CCMA Polokwane regional office.

Please be advised therefore, that the Polokwane regional office based at 104 Hans van Rensburg Street, Polokwane will be temporarily closed today, 30 November 2021 and will re-open on Wednesday, 01 December 2021.

This urgent decision is taken in the interest of safeguarding the health and well-being of CCMA staff and Users.

All cases that were scheduled for today, 30 November 2021 will be re-scheduled, however, cases scheduled for hearing in alternative venues outside the above-mentioned regional office will proceed as scheduled.

Users may still make referrals and applications using the CCMA’s digital case referral and application platform, accessible via the CCMA website, Facebook page and directly via this link https://cmsonline.ccma.org.za alternatively users can download the CCMA mobile application; the CCMAConnect. Users can also send case-related queries or refer disputes by sending an email to: ptb@ccma.org.za and by using the following facsimile (Fax) number (015)-297-1649.

The health and safety of CCMA staff and Users remain a priority during this time.

For media enquiries, please send an email to mediarelations@ccma.org.za

ENDS