SASLAW CONFERENCE

1. SASLAW CONFERENCE 5 Years in: How we re-awakened the CCMA 5 Years on: Where we are moving forward to

2. STRATEGIC PLANS • 2007-2009- Tsoso(Revive, Re-awaken) • Measures were through a balanced scorecard system • Able to measure annual /monthly performance and achievements • 2010-2015- Siyaphambili(We are moving Forward) • Refined and focused on the achievements and scores

3. SIYAPHAMBILI STRATEGY - 1ST YEAR SCORECARD

4. OPERATING EFFICIENCIES

5. 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.

6. OPERATING EFFICIENCIES • 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

7. RECRUITING & MAINTAINING BEFITTING COMMISSIONERS • GB exhaustive set of criteria and standards set reviewed and refined Qualitative 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).

8. RECRUITING & MAINTAINING BEFITTING COMMISSIONERS • GB exhaustive set of criteria and standards set reviewed and refined Quantitative 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

9. ONCE APPOINTED TRAINING • Training Modules: • Substantive Law • Writing Skills • Conciliation • Jurisdictional Rulings • Managing Dismissals • Arbitration • Legal Drafting Skills • Mentorship • Regular performance review and interview processes @ contract end

10. ACCREDITATION OF BARGAINING COUNCIL PANELISTS • Review of Panelist performance revealed very different standards in Bargaining Councils • Systematic introduction of similar standards for panelists • Ongoing

11. CASELOAD AS AN ECONOMIC BAROMETER

12. 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

13. REVIEW OF ARBITRATION AWARDS • 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

14. AWARDS TAKEN ON REVIEW

15. GETTING LEGAL CERTAINTY WHERE POSSIBLE Approach of legal guidance/clarity form Labour Court adopted • Sidumo / Rustenburg • Rand Water/Bracks • Illegal immigrants status-Discovery • EOH Abantu • Southern Sun • Kylie

16. 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

17. JOB SECURITY

18. JOB SAVING STRATEGY • 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.

19. 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.

20. 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

21. INCREASED ACCESSIBILITY

22. 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

23. ASKED OUR USERS WHAT THEY THOUGHT... • Overall results of the survey indicated no clear failure and the institution obtained favourable ratings on all dimensions

24. 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.

25. MOVING FORWARD IN THE NEXT FIVE YEARS... • Identified in current strategy that we were not delivering accurately on S138 (7)

26. LATE AWARDS FROM COMMISSIONERS

27. SECTION 138 (7) (b) • Serve a copy on each party or representative

28. AWARDS SERVED LATE TO PARTIES

29. CONTINUE TO MONITOR REGIONS • In this financial year we are specifically focused on Johannesburg

30. JOHANNESBURG OFFICE STATISTICS

31. RESEARCH, INFORMATION AND SUPPORT FOR OUR AFRICAN PARTNERS • 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

32. 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

33. BACK OFFICE • High focus on ensuring compliance to all legislation, governance requirements and Treasury Regulations and guidelines

34. EXTERNAL CHALLENGES FACING US IN ACHIEVING THIS.... • 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

35. Revolutionising Workplace Relations