5 YEARS IN: HOW WE RE-AWAKENED THE CCMA 5 YEARS ON: WHERE WE ARE MOVING FORWARD TO SASLAW...
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Transcript of 5 YEARS IN: HOW WE RE-AWAKENED THE CCMA 5 YEARS ON: WHERE WE ARE MOVING FORWARD TO SASLAW...
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5 YEARS IN: HOW WE RE-AWAKENED THE CCMA
5 YEARS ON: WHERE WE ARE MOVING FORWARD TO
SASLAW CONFERENCE
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2007-2009- Tsoso (Revive, Re-awaken)
1. Measures were through a balanced scorecard system
2. Able to measure annual /monthly performance and achievements
2010-2015- Siyaphambili (We are moving Forward)
1. Refined and focused on the achievements and scores
STRATEGIC PLANS
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SIYAPHAMBILI STRATEGY - 1ST YEAR SCORECARD
Strategic Objective Sub-Objective ScoreSubtotal Robot
1 2 3 4 5 6 7Entrench the role of the CCMA in the Labour Market 4.40 5.00 3.85 5.00 5.00 5.00 4.00 4.61 ●Build Skills to achieve professionalism
4.00 4.00 3.00 4.00 4.00 3.80 ●Deliver excellent service rooted in social justice ensuring a balance between quality and quantity 2.50 4.25 4.00 4.00 5.00 4.00 3.96 ●Enhance and entrench internal processes and systems for optimal deployment of resources 3.00 3.30 4.70 3.50 4.01 4.50 3.84 ●Enhance the structure that will enable optimal implementation of the strategy 3.90 3.00 4.00 3.63 ●Entrench an organisational culture that supports delivery on our mandate 3.00 4.00 3.5 ●Grand Total
3.89 ●
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OPERATING EFFICIENCIES
OPERATIONAL FOCUS TARGET / OBJECTIVE 2007 2008 2009 2010
Pre-Conciliations Heard Hear 10% or more of all jurisdictional referrals using the pre-conciliation process 16% 13% 13% 14%
Pre-Conciliations Settled Settle 7% or more of all jurisdictional referrals using the pre-conciliation process 7% 7% 6% 6%
Con/Arbs Heard Hear 50% or more of all jurisdictional referrals using the con/arb process 38% 45% 43% 40%
Con/Arbs Finalised Finalise 80% or more of con/arbs heard – conducted** Changed measure in 2008 to be ‘in jurisdiction’ 82% 83% 36% 32%
Conciliations Heard and Closed Close 90% or more of all conciliations heard (includes all ‘con’ type processes) 92% 93% 93% 91%
Conciliations heard outside of 30 days
Statutory requirement to attempt to conduct all conciliation within 30 days 0% 0% 0% 0%
Settlement rate Settle 70% or more cases across all processes 63% 67% 67% 65%
Arbitrations finalised Finalise 90% or more of arbitrations heard 89% 91% 92% 91%
Late Awards Statutory requirement to issue arbitration awards within 14 days 6% 3% 1% 1%
Postponements / Adjournments Allow for maximum of 5% postponement / adjournments of all processes heard 8% 7% 7% 7%
Average turn around – Conciliation
Conciliation process to take place from ‘activation’ to ‘closed’ within a maximum of 30 days 30 28 28 27
Average turn around – Arbitration
Arbitration process to take place from arbitration referral date to ‘closed’ within a maximum of 74 days 48 42 41 39
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PUTTING MEDIATION FIRST!
Establishment of a specialist Mediation service that has been tasked with dealing with disputes of national interest and collective bargaining.
• Intervened successfully in major national disputes in terms of section 150 including Private Security (2009), Clothing Sector (2009, 2010, 2011), Civil Engineering Sector (2009), Transnet (2010), Metrorail (2010), Eskom (2010, 2011), Motor Industries (2010), Road Freight (2011)
• Significantly improved user confidence as evidenced by a 64% increase in acceptance of offers of assistance from 2007 (50%) to 2010 (82%)
• Established a voluntary bargaining structure in the Private Security Sector (2009) and are close to doing the same in the Legislative sector (Provincial Legislatures and Parliament)
• Maintained relative industrial peace in the run up to and during the 2010 Fifa World Cup by the implementing a structure, process and monitoring mechanism to proactively and rapidly deal with disputes that had potential to impact adversely on the event.
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In addition focus on regions which were under performing:
Tshwane ,North West ,Mpumalanga
National response team to instill best practice, and convey organizational
cultural achievements nationally
OPERATING EFFICIENCIES
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GB exhaustive set of criteria and standards set reviewed and refinedQualitative Guideline Seventy percent (70%) settlement rate for the last contract period. To have no late awards. Four percent (4%) postponements. Performance Evaluation by the Convening Senior Commissioner
(CSC).
RECRUITING & MAINTAINING BEFITTING COMMISSIONERS
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GB exhaustive set of criteria and standards set reviewed and refinedQuantitative Guideline Any issues of concern from the (CSC). Complaints and how they were addressed and the validity or otherwise
of such complaints. Disciplinary action, if any. Labour Court reviews and nature and outcome of the reviews. Participation in CCMA training and/or any special projects. Exhibits behavioural qualities which embody the CCMA’s values and
mandate. Quality of written arbitration awards and rulings.
Contracts
RECRUITING & MAINTAINING BEFITTING COMMISSIONERS
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Training Modules:• Substantive Law• Writing Skills• Conciliation• Jurisdictional Rulings• Managing Dismissals• Arbitration• Legal Drafting Skills
Mentorship
Regular performance review and interview processes @ contract end
ONCE APPOINTED TRAINING
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Review of Panelist performance revealed very different standards in
Bargaining Councils
Systematic introduction of similar standards for panelists
Ongoing
ACCREDITATION OF BARGAINING COUNCIL PANELISTS
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CASELOAD AS AN ECONOMIC BAROMETER
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CASELOAD
154, 279 cases per annum as at 31 March 2011
12,857 cases per month, or
2, 967 cases per week, or
591 cases each working day
25% increase over the last 5 years
Indicator of economic conditions
Budgetary challenges
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6.5 % of awards taken on review
97% lie pending at Labour Court
4.6 % are set aside or 62% of those heard so far
REVIEW OF ARBITRATION AWARDS
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AWARDS TAKEN ON REVIEW
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Approach of legal guidance/clarity form Labour Court adopted
Sidumo / Rustenburg
Rand Water/Bracks
Illegal immigrants status-Discovery
EOH Abantu
Southern Sun
Kylie
GETTING LEGAL CERTAINTY WHERE POSSIBLE
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CREATING CERTAINTY INTERNALLY WHERE POSSIBLE
Approach of giving direction as an organization to Commissioners
Arbitration Guidelines
Commissioner Practice and Procedure Manual
Monthly Case law monitor
Annual Commissioners Indaba
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JOB SECURITY
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• An important development over the past few years has been the further conceptualization, development and implementation of the CCMA’s holistic, integrated approach to addressing business distress and job insecurity. This has evolved into an overall job saving strategy.
• Entails a multi-faceted process aimed at dealing with the factors at play in a potential or actual job insecurity situation.
• The overall objective is to leave no stone unturned in pursuing the quest for business health and job security.
• Where this is not possible, to not let any retrenched worker ‘walk into the sunset’ without facilitating the provision of survival and support mechanisms.
JOB SAVING STRATEGY
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KEY ASPECTS TO JOB SAVING STRATEGY
• Business recovery: early workplace-based interventions and interventions linked to large scale facilitation and training layoff referrals.
• Determination and understanding of the economic rationale for business distress: analysis of a company’s finances and ascertaining whether the distress warrants income and/or job loss.
• Enhancement of the large scale facilitation process, including exploration of appropriate alternatives to income loss and retrenchment: includes enhanced capacity to effectively implement and the strategic and effective use of the training layoff scheme and variants of it.
• Facilitation of survival and support mechanisms for retrenched workers through partnerships with other organisations
• Continuous exploration of new and improved approaches and mechanisms through ongoing sharing of experiences and learnings between facilitators.
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TRAINING LAYOFF SCHEME
• The Scheme floundered over the first 6 months but has now being revitalised with important new developments, including improved provisions and being recognised as a permanent mechanism to include in the broader quest to alleviate business distress and save jobs.
• From the Scheme’s launch in September 2009 to 10 August 2011, active application of the Scheme involved 64 businesses, along with associated trade unions, entailing 11,196 workers.
• A number of success stories with positive and interesting outcomes
115 applications received- 81% recommended for participation
64 businesses
11,196 workers
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INCREASED ACCESSIBILITY
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GEOGRAPHIC ACCESSIBILITY
12 Regional Offices
6 Satellite offices
Over 480 on-site Hearing rooms
Over 250 off-site Hearing venues
Access via Department of Labour offices
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Overall results of the survey indicated no clear failure and the institution
obtained favourable ratings on all dimensions
ASKED OUR USERS WHAT THEY THOUGHT...
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PUBLIC SECTOR EXCELLENCE AWARDS
Received awards for Public Sector Excellence in the category ‘Best Reputation: Legal Sector’ two years in a row.
Nominated as one of the top three organisations in the Legal Sector by the citizens of South Africa
The Awards are a significant indicator of recognition of the work and the role the CCMA plays in South Africa.
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Identified in current strategy that we were not delivering accurately on
S138 (7)
MOVING FORWARD IN THE NEXT FIVE YEARS...
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LATE AWARDS FROM COMMISSIONERS
2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 2011/20120%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%
18%
9%
6%
3%
1% 1% 1%0%
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Serve a copy on each party or representative
SECTION 138 (7) (b)
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AWARDS SERVED LATE TO PARTIES
2010/2011 2011/20120%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
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In this financial year we are specifically focused on Johannesburg
CONTINUE TO MONITOR REGIONS
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JOHANNESBURG OFFICE STATISTICS
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Have upgraded Case Management System to now be more effective as a
research tool
Focus on improving research capacity and developing role in Labour
Market
RESEARCH, INFORMATION AND SUPPORT FOR OUR AFRICAN PARTNERS
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DEVELOPING A LABOUR RELATIONS PRACTICE INSTITUTE
• Labour Relations Practitioner Training Institute with our LR partners to develop Commissioner / Panelist training as tertiary qualification
• Case management and administrator training
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High focus on ensuring compliance to all legislation, governance
requirements and Treasury Regulations and guidelines
BACK OFFICE
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Ever changing labour market
Outsourced / downgraded HR
Weaker negotiators, decline in leadership
Political as opposed to workplace solutions being sought
Rise in violence in bargaining season
Class issues entering the bargaining framework
EXTERNAL CHALLENGES FACING US IN ACHIEVING THIS....
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Revolutionising Workplace Relations