CCMA: A Commentary on the Rules (5ed)
Updates to the fifth edition include:
- Significant changes are the addition of Rules 31A and 31B, which reflect expanded functions of the CCMA to establish picketing rules for protected strikes in terms of the LRA and to grant awards enforcing written undertakings and compliance orders in terms of the BCEA:
- 31A. How to apply for picketing rules or the determination of disputes relating to them;
- 31B. How to apply for the enforcement of written undertakings and/or compliance orders.
- In addition, the rules have been updated to reflect the Labour Court and Labour Appeal Court judgments on various matters. One of these is the expediting of enforcement of awards by allowing the CCMA to issue a writ of execution. Also, legal costs have been set at fixed amounts in order to avoid the need for a lengthy taxation process as in the civil courts.
Further amendments, of which there are many, are for efficiency and clarification. For example:
- The CCMA will now require pre-arbitration conferences as a rule rather than an exception where the parties are legally represented
- The practice of notifying parties of proceedings by SMS has been formalised.
- Commissioners are now empowered to extend conciliation procedures.
- Candidate attorneys can represent parties in the CCMA.
IMPORTANT: Since publication of the 5ed, certain rules have been amended again. Most of these are cosmetic, but some are not. For a full list of the further amendments and a summary of changes, click here.
For a copy of the latest rules, click here.
- Author: Peter Kantor
- Title: CCMA - A Commentary on the Rules
- ISBN: 978-1-928309-28-4
- Publication Date: 2019/11/05
- Publishing House: Siber Ink
- Target Market Human resources managers and officers;
Small business owners;
Industrial relations professionals;
Students of labour law;
Individuals who need to go to the CCMA.
This publication is both a legal text for practitioners, with reference to legal precedents, and a handbook for the person in the street who wants to use the CCMA. It is published in a pocket-size for quick reference and easy use in CCMA hearings.
Anton Steenkamp, Judge of the Labour Court
“The commentary is written in an accessible style and in plain language. Thankfully, it is not clothed in the obtuse jargon that sometimes seems to be designed for and used by lawyers. Because of that, it will be of great use to legal practitioners who appear in the CCMA; but also, and primarily, for the primary users of that forum, such as trade unionists, human resources practitioners and employees…. I recommend it highly.”
Published in a pocket-size for quick reference and easy use in CCMA hearings, each Rule is fully reproduced and then explained in non-legal language, in line with the original aim of the CCMA – making it accessible to the layperson and freeing it from the legal technicalities that bedevilled the old Industrial Court.
In addition to the complete Rules and commentary on these, the book also includes:
- A practical guide for unfair dismissal claims
- Codes of Good Practice
- Guidelines on Misconduct Arbitrations Contents
- Full index
- Table of Cases
- Table of Statutes
Endorsements for previous editions
“This book will be an invaluable resource to all those who, in one way or another, find themselves engaged in proceedings before that body. The book provides useful background and an explanation to each of the Rules that apply in the CCMA, leaving the reader in no doubt as to how and when they should be applied. The text incorporates the very latest amendments to the CCMA Rules. “
André van Niekerk, labour attorney and author
“It serves as a handy source to users of the Commission for Conciliation, Mediation and Arbitration (‘the CCMA’), whether legal practitioners, trade-union officials, industrial-relations practitioners or lay persons. ...Commissioners may also find the commentary useful. The book has been written in a user-friendly way.“
SA Mercantile Law Journal
“… just the right addition to the library of any CCMA practitioner, including Commissioners. It is compact, easy to read, and gives useful explanations on how to read, understand and apply the rules.”
Thandi Orleyn, former Director of the Commission for Conciliation, Mediation and Arbitration
Advocate Peter Kantor holds a BCom and an LLB (1984) and an advanced diploma in Labour Law (1990) from the University of Cape Town. After performing community service as a conscientious objector to military service, he started articles in 1990, became a director of a Cape Town form of attorneys, where he specialised in labour law, and has for the last 20 years practised as an advocate. He is also the Chairperson of the Environmental Law Association of SA.