The much-anticipated amendments to CCMA Rules have been gazetted and became effective on 24 April 2023. Various considerations have driven the amendments, namely:

  • The implementation of the Protection of Personal Information Act 4 of 2013 (POPIA).
  • Administrative considerations by the CCMA in implementing its Rules.
  • Recent case law development that influences the CCMA and its Rules.
  • Accommodating an online and virtual service delivery approach.

For reference, these amendments have affected the following CCMA Rules:

Serving and filing of documents

  • Rule 1 – How to contact the Commission
  • Rule 2(1) & Rule 2(3) – When are the offices of the Commission open
  • Rule 3 – How to calculate time periods in these Rules
  • Rule 4 – Who must sign documents
  • Rule 5(4) – How to serve documents on other parties
  • Rule 7 – How to file documents with the Commission
  • Rule 9(1) & Rule 9(2) – How to seek condonation for referral documents and applications delivered late

Conciliation of Disputes

  • Rule 10 & Rule 10(3) – How to refer a dispute to the Commission for Conciliation
  • Rule 13 & Rule 13(1A) – What happens if a party fails to attend at Conciliation

Arbitrations

  • Rule 18 – How to refer a request for Arbitration to the Commission
  • Rule 23 – How to postpone an Arbitration

Rules that apply to Conciliations, Arbitrations, Con-Arbs and other processes

  • Rule 24 – Where a hearing will take place
  • Rule 29 – Disclosure of documents or material related to the dispute
  • Rule 30 – What happens if a party fails to attend Arbitration proceedings before the Commission

Applications

  • Rule 31 – How to bring an application
  • Rule 31C – Request to have a matter re-enrolled
  • Rule 32 – How to apply to vary or rescind Arbitration awards or rulings

Inquiry in terms of Section 118A

  • Rule 34 – How to request an inquiry in terms of Section 188A of the Act

General

  • Rule 37 – How to have a subpoena issued and served to secure the presence of a person
  • Rule 40A – Payment of an Arbitration fee ordered in terms of Section 140 of the Act
  • Rule 41 – What words mean in these Rules.

 

There have also been various amendments to the following LRA Forms:

  • LRA Form 3.12
  • LRA Form 3.13
  • LRA Form 3.23
  • LRA Form 4.2
  • LRA Form 4.2A
  • LRA Form 4.3
  • LRA Form 4.6
  • LRA Form 4.7
  • LRA Form 4.7A
  • LRA Form 4.8
  • LRA Form 4.8A
  • LRA Form 4.8B
  • LRA Form 4.8C
  • LRA Form 5.1
  • LRA Form 5.2
  • LRA Form 7.1
  • LRA Form 7.2
  • LRA Form 7.5
  • LRA Form 7.8
  • LRA Form 7.11
  • LRA Form 7.12
  • LRA Form 7.12A
  • LRA Form 7.13
  • LRA Form 7.14
  • LRA Form 7.15
  • LRA Form 7.16
  • LRA Form 7.18
  • LRA Form 7.18A
  • LRA Form 7.19
  • LRA Form 7.20
  • LRA Form 7.21
  • LRA Form 7.22
  • LRA Form 7.23

Navigating the legal landscape can be daunting, especially with the constant changes within the labour sphere. As always, CEO remains committed to providing Members with the latest information and labour law developments on matters that affect their businesses.

If you have any questions or concerns regarding the recent amendments to the CCMA Rules and LRA Forms, please do not hesitate to contact your nearest CEO Office for assistance.