Statement issued by Director of the CCMA
1. This communication is compliant with all Directives and Regulations, particularly those issued by the Minister of Employment and Labour and the Minister of Public Service and Administration, issued in terms of section 27(2) of the Disaster Management Act and in terms of the authority vested in the Director of the CCMA in terms of section 118(2)(b) of the Labour Relations Act 66 of 1995, as amended (hereinafter referred to as the “LRA”).
2. The CCMA offices, nationally, will be open and operational from Monday 18 May 2020.
REFERRING DISPUTES TO THE CCMA
3. The following will apply to the referral of disputes to the CCMA:
3.1 The CCMA Offices will be open and accessible to members of the public from Wednesday 20 May 2020.
3.2 The number of people who will be granted permission to enter the building at any given time will be strictly monitored and the public are requested to exercise patience in this regard.
3.3 Parties will be allowed to submit physical copies (hard copies) of completed referral forms to the CCMA.
HEARING OF CASES
4. The following will apply to cases to be heard at the CCMA:
4.1 Representatives and Parties who are required to travel to the venues, must comply where applicable with any restrictions that exist.
4.2 The CCMA shall abide by all Regulations and Directives that are issued in terms of section 27(2) of the Disaster Management Act. Thus, it is only in terms of such Regulations and Directives that the CCMA may convene physical hearings at one or more of its premises or at a venue agreed to by the Parties and the CCMA in writing.
4.3 Anyone seeking access into the CCMA buildings or the designated other venue to be utilised for a hearing, must submit to compulsory screening, must wear a face mask, must apply hand sanitizer, and must adhere to applicable social distancing rules.
4.4 Only Parties who do not exceed ten (10) in number, subject to the size of the venue, taking into consideration the compulsory social distancing rule, and their Representative shall enter the CCMA buildings or designated other venues.
4.5 Should any Party object to have the matter dealt with under the conditions described above, that party must submit the notice of objection and reasons for such objection in writing and serve same on the other party and on the CCMA.
The Provincial Senior Commissioner or delegated other, after consideration of the submissions and of possible reasonable alternatives, must decide whether the matter should proceed or be postponed.
Failure to comply with these directives may lead to your matter not being heard and/or refusal to access the CCMA building.
The aforementioned must be read together with the