Under section 123(3) of the Labour Relations Act, 1995 (Act No 66 of 1995), the Commission for Conciliation, Mediation, and Arbitration hereby publish the tariff of fees, as established by the governing body, in the Annexure.
The Commission may charge a fee in accordance with the tariff shown in column 3 of Table CCMA1 for the purpose listed in column 2 of that Table.
| 1 Section |
2 Service |
3 Tariff of Fees |
|---|---|---|
| Advice and Training | ||
| 115(3) | ||
| Ballots and Elections | ||
| 123(1)(b) | Conducting, overseeing or scrutinising any election or ballot of a registered trade union or registered employers' organisation. | R750.00 - R1,000.00 for each day or part thereof. |
| Procedurally Unfair Dismissals | ||
| 140(2) | If a Commissioner appointed to resolve a dismissal dispute through arbitration finds that the dismissal is unfair only because the employer did not follow a fair procedure. | R750.00 - R1,000.00 for each day or part thereof. |
| Dispute Resolution in Exceptional Circumstances | ||
| 147(1) | Resolving a dispute about the interpretation or application of a collective agreement if: (i) the collective agreement does not provide a procedure for resolving that dispute through conciliation and arbitration; (ii) the procedure provided in the collective agreement is not operative; or (iii) a party to a collective agreement has frustrated the resolution of the dispute. |
R750.00 - R2,000.00 for each day or part thereof. |
| 147(2) | Resolving a dispute between parties to a council if the council's dispute resolution procedures are not operative. | R750.00 - R2,000.00 for each day or part thereof |
| 147(3) | Resolving a dispute between parties who fall within the registered scope of a council if the council's dispute resolution procedures are not operative. | R750.00 - R2,000.00 for each day or part thereof. |
| 147(5) | Resolving a dispute between parties to a collective agreement that provides for the resolution of that dispute by an accredited agency if the accredited agency's dispute resolution procedures are not operative. | R750.00 - R2,000.00 for each day or part thereof. |
The governing body of the Commission for Conciliation, Mediation and Arbitration hereby in terms of section 115(6) of the Labour Relations Act, 1995 (Act No. 66 of 1995), publishes the undermentioned rules made in terms of section 115(2)(cA)(iii) and (iv).
Any expression in these rules (an italicised word or phrase indicates that the word or phrase is defined in these definitions and/or Section 213 of the Act ) that is defined in the Labour Relations Act, 1995 (No. 66 of 1995), has the same meaning as in that Act, and-
"Act" means the Labour Relations Act, 1995 (Act No. 66 of 1995), and includes any regulation made in terms of that Act ;
"association" means any unincorporated body of persons;
"Commission" means the Commission for Conciliation, Mediation and Arbitration established by section 112 of the Act ;
"commissioner" means a commissioner appointed in terms of section 117 of the Act ;
"day" means any day excluding a Saturday, Sunday, public holiday and the days in the period from 16 December to 7 January, both days inclusive; when any particular number of days is prescribed for the doing of any act, the number of days must be calculated by excluding the first day and including the last day, unless the last day falls on a Saturday, Sunday, public holiday or on a day during the period 16 December to 7 January, in which event the number of days must be calculated to exclude the first day and also such last day;
"deliver" means serve on other parties and file with the Commission ;
"director" means the director of the Commission appointed in terms of section 118 of the Act ;
"Judge President" means the Judge President of the Labour Court ;
"Labour Court" means the Labour Court established by section 151 of the Act and includes any judge of the Labour Court;
"party" means any party to proceedings before the Commission;
"public holiday" means a public holiday referred to in section 1 of the Public Holidays Act, 1994 (Act No. 36 of 1994);
"registrar" means the registrar of the Commission appointed in terms of section 120 of the Act , or any other person authorised to act in the place of the registrar;
"Regulations" means the General Regulations published under Government Notice No. R. 1737 of 1 November 1996;
"Rules" means these rules and includes any footnote to a rule;
"senior commissioner" means a senior commissioner appointed in terms of section 117 of the Act and includes any person delegated by a senior commissioner to perform any of the functions of a senior commissioner;
"serve" means to serve in accordance with rule 3 and "service" has a corresponding meaning;
"taxing officer" means any employee of the Commission appointed by the director in terms of rule 15.
2.1 The address of the head office of the Commission is as follows:
CCMA HEAD OFFICE
Physical address:
The National Registrar CCMA House 20 Anderson Street Johannesburg. Postal address: Private Bag X094 Marshalltown 2107. Telephone: (011) 377-6500. Fax: (011) 834-7351.
2.2 The addresses of the provincial offices of the CCMA are as follows:
CCMA EASTERN CAPE
Physical address: The Registrar 107 Govan Mbeki Avenue Port Elizabeth. Postal address: Private Bag X22500 Port Elizabeth 6000. Tel: (041) 586-4466. Fax: (041) 586-4585/6.
CCMA FREE STATE
Physical address:
The Registrar Cnr Elizabeth & West Burger Streets Bloemfontein. Postal address: Private Bag X20705 Bloemfontein 9300. Tel: (051) 505-4400. Fax: (051) 448-4468/9.
CCMA GAUTENG
Physical address:
The Registrar CCMA House 20 Anderson Street Johannesburg. Postal address: Private Bag X096 Marshalltown 2107. Tel: (011) 377-6600. Fax: (011) 377-6658; or 377-6680; or 377-6804; or 377-6618; or 377-6678; or 834-7331.
CCMA KWAZULU-NATAL
Physical address:
The Registrar Garlicks Chambers 61 Field Street Durban. Postal address: Private Bag X54363 Durban 4000. Tel: (031) 306-5454. Fax: (031) 306-5401/4.
CCMA MPUMALANGA
Physical address:
The Registrar Foschini Centre Eadie Street Witbank. Postal address: Private Bag X7290 Witbank 1035. Tel: (013) 656-2800. Fax: (013) 656-2885/6.
CCMA NORTH WEST
Physical address:
The Registrar 47-51 Siddle Street Klerksdorp. Postal address: Private Bag X5004 Klerksdorp 2571. Tel: (018) 462-3137. Fax: (018) 462-4126.
CCMA NORTHERN CAPE
Physical address:
The Registrar 1A Bean Street Kimberley. Postal address: Private Bag X6100 Kimberley 8300. Tel: (053) 831-6780. Fax: (053) 831-5947/8.
CCMA NORTHERN PROVINCE
Physical address:
The Registrar 104 Hans van Rensburg Street Pietersburg.
Postal address: Private Bag X9512 Pietersburg 0700. Tel: (015) 297-5010. Fax: (015) 297-5017.
CCMA WESTERN CAPE
Physical address:
The Registrar 78 Darling Street Cape Town.
Postal address: Private Bag X9167 Cape Town 8000. Tel: (021) 469-0111. Fax: (021) 45-7197.
2.3 The head office and the provincial offices of the Commission will be open every Monday to Friday, excluding public holidays , between the hours of 08:30 and 16:30 or as determined by the Commission.
2.4 Documents must be filed with the Commission during the hours referred to in rule 2.3. The Commission may direct that service should be effected on any day at any time.
3.1 A party must serve a document in terms of the provisions of the Act , and may also serve in any one of the following ways: a)
i) By personally handing a copy of the document to the person concerned; ii) by leaving a copy of the document at the person's place of residence or business with any other person who is apparently at least 16 years old and in charge of the premises at the time; iii) by leaving a copy of the document at the person's place of employment with any other person who is apparently at least 16 years old and apparently in authority; iv) by faxing a copy of the document to the person, if the person has a fax number; v) subject to rule 3.1(b)(i), by handing a copy of the document to any representative authorised in writing to accept service on behalf of the person; vi) if the person has chosen an address or fax number for service, by leaving a copy of the document at that address or by faxing it to that fax number; vii) by sending a copy of the document by registered post to the last-known address of the party concerned, and, unless the contrary is proved, it will be presumed that service was affected on the seventh day following the day on which the document was posted; b)
i) if the person is a company or other body corporate, by- aa) Handing a copy of the document to a responsible employee of the person at its registered office or its principal place of business within the Republic, or its main place of business within the magisterial district in which the dispute first arose; or bb) if there is no employee willing to accept service, affixing a copy of the document to the main door of the office or place of business; ii) if service is to be effected on an employer, by handing a copy of the document to a responsible employee of the employer apparently in charge of the workplace where the employee(s) involved in the dispute ordinarily work(s) or worked; iii) if the person is a trade union or employers' organisation, by handing a copy of the document to a responsible employee or official at the main office of the union or employers' organisation or the union's or or employers' organisation's office within the magisterial district in which the dispute first arose, or, if there is no person willing to accept service, by affixing a copy of the document to the main door of that office; iv) if the person is a partnership, firm or association , by handing a copy of the document to a responsible employee or official at the place of business of such partnership, firm or association or, if such partnership, firm or association has no place of business, by serving a copy of the document on a partner, the owner of the firm or the chairperson or secretary of the managing or other controlling body of such association, as the case may be; v) if the person is a municipality, by handing a copy of the document on the town clerk, assistant town clerk or any person acting on behalf of that person; vi) if the person is a statutory body, by handing a copy to the secretary or similar officer or member of the board or committee of that body, or any person acting on behalf of that body; vii) if the person is the State or a province, a national government department of a provincial department, or a minister or a premier or a member of the executive committee of a province, by handing a copy to a responsible employee at the head office of such party or to a responsible employee at any office of the State Attorney; or c) by any other means authorised by the Commission .
3.2 Service is proved to the Commission in terms of regulation 2 of the Regulations , by providing the Commission with- a) a copy of the proof of mailing the referral, objection or other document by registered post to the other party; b) a copy of the fax communicating the referral, objection or other document to the other party; c) a copy of a receipt signed by the other party or on that party's behalf if the copy of the referral, objection or other document was delivered by hand; d) a statement confirming service signed by the person who delivered a copy of the referral, objection or other document to the other party.
3.3 Proof of service in terms of rule 3.2 shall serve as a prima facie proof that the contents of the document concerned have come to the knowledge of the party on which it was served ; provided that the CCMA or the Commissioner has a discretion to make any order as to service that he, she or it deems fit.
3.4 lf service is effected in any other manner than prescribed in this rule the Commissioner dealing with the matter shall have a discretion whether or not to accept such service as sufficient.
4.1 Documents may be filed with the Commission in any one of the following ways: a) By handing the document to the office of the provincial registrar ; b) by sending a copy of the document by registered post to the Commission; or c) by faxing the document to the Commission at the fax numbers listed for each province in rule 2.
4.2 A document is filed with the Commission on- a) the date on which the document is handed to the office of the provincial registrar; b) the date on which the document sent by registered post is received by the Commission; or c) completion of the whole of the transmission of a fax.
4.3 In the case of filing by faxing the document, the original document must be lodged within five days of the Commission requesting it.
5.1 A referral to a dispute for conciliation must comply with regulation 11(2) of the Regulations on LRA Form 7.11 ("the referral document") and must be signed by the referring party.
5.2 The referring party must attach to the referral document written proof, as set out in rule 3.2, that the referral document was served on the other party/parties to the dispute.
5.3 If it is necessary to apply for condonation because the referral is being served out of time, the referring party/parties must at the time of the referral comply with the provisions of rule 19 and set out the grounds on which condonation is sought by attaching to the referral document details of the following: a) The degree of lateness; b) the reasons for the lateness; c) the referring party's prospects of succeeding with the referral and obtaining the relief sought against the other party; and d) the balance of convenience, including any prejudice to the other party.
5.4 The Commission must refuse to accept a referral document until such time as rule 5.1 to 5.3 have been complied with.
6.1 The commissioner appointed to conciliate the dispute may only conciliate the dispute and thereafter issue a certificate in terms of section 135 (5) of the Act if the Commission has jurisdiction to conciliate the dispute.
6.2 If at any stage during the conciliation proceedings it becomes apparent that there is a jurisdictional issue which has not been determined, the commissioner must require the referring party to prove that the Commission has the necessary jurisdiction to resolve the dispute through conciliation.
7.1 The Commission must give the parties at least 10 days' notice of a conciliation hearing unless otherwise agreed.
7.2 A conciliation may only be attended by the parties to a dispute, their representatives referred to in section 135 (4) of the Act, and such other persons who, in the discretion of the Commissioner, are allowed to attend.
7.3 Conciliation proceedings are private and confidential and are conducted on a without prejudice basis so that no party may make reference to statements made at conciliation proceedings during any subsequent proceedings unless the parties have so agreed in writing.
7.4 Neither the commissioner dealing with the conciliation process nor anybody else attending the conciliation hearing may be called as a witness during any subsequent proceedings to give evidence about what transpired during the conciliation process.
7.5 The parties may during the conciliation process agree on the nature of the dispute, whereupon the conciliating commissioner may attempt to resolve that dispute and, should this not be possible, may issue a certificate of non-resolution in respect of that dispute even though the description of it may be different from the description of the dispute contained in the referral document.
7.6 In the event of disagreement regarding the nature of a dispute, the conciliating commissioner must issue a certificate of non-resolution in respect of the dispute as identified by the commissioner in the conciliation process.
7.7 If a referring party fails to attend a conciliation hearing at the scheduled time, the referral will be regarded as having been abandoned by the referring party. If the referring party later decides to pursue the matter, the referring party will have to refer the dispute again under the same case number and if necessary, apply for condonation explaining- a) the degree of lateness; b) the reasons for the lateness; c) the referring party's prospects of succeeding with the referral and obtaining the relief sought against the other party; d) the balance of convenience, including any prejudice to the other party; and e) why the referring party did not attend the initial conciliation hearing.
8.1 A referral of a dispute to arbitration must be in accordance with regulation 11(1) of the Regulations in the form of LRA Form 7.13 ("the referral document") and must be signed by the referring party .
8.2 The referring party, must attach to the referral document written proof, as set out in rule 3.2, that the referral document was served on the other party/parties to the dispute.
8.3 If it is necessary to apply for condonation because the referral for arbitration is being served out of time, the referring party must comply with the provisions of rule 19 and set out the grounds on which condonation is sought by attaching to the referral document details of the following: a) the degree of lateness; b) the reasons for the lateness; c) the referring party's prospects of succeeding with the referral and obtaining the relief sought against the other party; and d) the balance of convenience, including any prejudice to the other party.
8.4 The Commission must refuse to accept a referral document until such time as rule 8.1 to 8.3 have been complied with.
9.1 The commissioner appointed to arbitrate the dispute may only arbitrate the dispute if the Commission has jurisdiction to arbitrate the dispute.
9.2 If at any stage during the arbitration proceedings it becomes apparent that there is a jurisdictional issue which has not been determined, the commissioner must require the referring party to prove that the Commission has the necessary jurisdiction to resolve the dispute.
11.1 A dispute will be conciliated/arbitrated in the province in which the cause of action arose unless a senior commissioner in the head office of the Commission decides otherwise.
11.2 The provincial office of the Commission decides the venue where the conciliation/aribtration proceedings are to be held.
12.1 The Commission may combine cases or join parties in proceedings, if the right to relief depends on the determination of substantially the same question of law or fact.
12.2 a) The Commission may, of its own accord or on application and after notifying every other party , make an order joining any person as a party in the proceedings if the party to be joined has a substantial interest in the subject matter of the proceedings. b) When making an order in terms of paragraph (a), the Commission may give such directions as to the further procedure in the proceedings as it deems fit.
12.3 At any stage of the proceedings any person entitled to join as a party to any proceedings may, on notice to all parties, apply for leave to join as a party. The Commission may make an order to give such directions as to the further procedure in the proceedings as it deems fit.
12.4 If a party to any proceedings has been incorrectly or defectively cited, the Commission may, on application and on notice to the party/parties concerned, correct the error or defect.
12.5 If in any proceedings it becomes necessary to substitute a person for an existing party, any party to such proceedings may, on application and on notice to every other party, apply to the Commission for an order substituting that person for an existing party and the Commission may make such order or give such directions as to the further procedure in the proceedings as it deems fit.
12.6 If a commissioner has been appointed to arbitrate a dispute in terms of section 136 (1) of the Act, in respect of more than one dispute involving the same parties, that commissioner may consolidate the arbitration proceedings so that all the disputes concerned may be dealt with in the same proceedings.
13.1 A witness subpoenaed in any proceedings in the Commission is entitled to be paid in accordance with the tariff of allowances prescribed and published by notice in the Government Gazette in terms of section 142 (7) of the Act
13.2 Despite rule 13.1, the Commission may order that no allowances or only a portion of the prescribed allowances be paid to any witness.
14.1 An award or order of the Commission , or an agreement of the parties, may allow the fees of one advocate and one attorney between any parties to proceedings before the Commission, unless the Commission on application authorises the fees of additional advocates and attorneys.
14.2 The fees of any additional advocate authorised in terms of rule 14.1 must not exceed one half of those of the first advocate, unless the Commission directs otherwise.
14.3 The costs between any parties to proceedings before the Commission must be calculated and taxed by the taxing officer at the tariff determined by the award, ruling or agreement. If the award, ruling or agreement does not specify a tariff, the tariff applicable in the High Court will apply.
14.4 Qualifying fees for expert witnesses may not be recovered as costs between any parties to proceedings before the Commission unless otherwise directed by the Commission during the proceedings.
15.1 The director may appoint any person a taxing officer if the person is in the opinion of the director able to perform the functions of a taxing officer in terms of these Rules . The director will determine the terms and period of appointment of the taxing officer.
15.2 The taxing officer must tax any bill of costs for services actually rendered in connection with proceedings in the Commission .
15.3 At the taxation of any bill of costs, the taxing officer may call for any book, document, paper or account that in the taxing officer's opinion is necessary to properly determine any matter arising from the taxation.
15.4 Any person requesting a taxation must satisfy the taxing officer that the party liable to pay the bill has received notice of- a) the time and place of the taxation; and b) that party's entitlement to be present at the taxation.
15.5 Despite rule 15.4 notice need not be given to a party- a) who failed to appear at the hearing either in person or through a representative; or b) who consented in writing to the taxation taking place in that party's absence.
15.6 Any decision by a taxing officer is subject to the review of the Labour Court on application.
Preliminary matters such as applications for condonation, jurisdictional disputes and other interlocutory matters may be heard on a motion roll.
17.1 Postponement will be granted without the need for the parties to appear if both of the following conditions are met: a) All the parties to the dispute agree in writing to the postponement; and b) the request for the postponement is received by the Commission more than 10 days prior to the scheduled date of the arbitration.
17.2 a) A formal application in writing for postponement must be made if- i) The parties cannot agree whether or not an arbitration should be postponed; or ii) the request for a postponement is made within 10 days of the scheduled date of arbitration. b) The application must be served before the scheduled date for the arbitration. The Commission must decide whether to grant the request for a postponement on the written document presented or whether to convene a formal hearing.
18.1 Any party who requires the Commission to subpoena a person in terms of section 142 (1) of the Act must file a completed subpoena form together with a written explanation of why the evidence of the witness to be subpoenaed is necessary.
18.2 The application must be filed with the Commission within five days of receipt of the notice of the arbitration hearing or as directed by the commissioner hearing the arbitration.
19.1 An application must be brought on notice to all persons who have an interest in the application.
19.2 The party bringing the application must sign the notice of application. The application must be delivered and must contain the following: a) The title of the matter; b) the case number assigned to the matter by the Commission ; c) the relief sought; d) an address of the party delivering the document at which the party will accept notices and service of all documents and proceedings; e) a notice advising the other party that if it intends opposing the matter, the party must deliver an answering affidavit within five days after the application has been served, failing which the matter may be heard in the party's absence; and f) a schedule listing the documents that are material and relevant to the application.
19.3 The application must be supported by an affidavit. The affidavit must clearly and concisely set out- a) the names, description and addresses of the parties; b) a statement of the material facts, in chronological order, on which the application is based, which statement must be in sufficient detail to enable any person opposing the application to reply to the document; c) a statement of the legal issues that arise from the material facts, which statement must be in sufficient detail to enable any party to reply to the document; and d) the relief sought.
19.4 a) Any party opposing the application may deliver a notice of opposition and an answering affidavit. b) A notice of opposition and an answering affidavit must be delivered within five days from the day on which the application is served on the party opposing the application. c) A notice of opposition and an answering affidavit must respectively contain, with the changes required by the context, the same information required by rule 19.2 and 19.3.
19.5 a) The party initiating the proceedings may lodge a replying affidavit within five days from the day on which any notice of opposition and answering affidavit are delivered. b) The replying affidavit must address only those issues raised in the answering affidavit and may not introduce new issues of fact or law.
19.6 Subject to the discretion of a commissioner , a written statement may be substituted for the affidavits referred to in rule 19.2 to 19.5.
19.7 a) The Commission must allocate a date for the hearing of the application once a replying affidavit is delivered , or once the time limit for delivering a replying affidavit has lapsed, whichever occurs first. b) The Commission must notify the parties of the date, time and place of the hearing of the application.
19.8 Notwithstanding rule 19.7, the Commission may determine an application in any manner it deems fit.
19.9 Any ruling made by a commissioner in terms of these Rules which has the effect of a final order will be regarded as an arbitration award.
The Commission must give the parties 15 days' notice of an arbitration hearing, unless otherwise agreed.
21.1 Section 138 (4) read with section 140 of the Act explicitly states who may appear or be represented in arbitration proceedings. A commissioner has no discretion to permit any person other than those listed in that section to appear or act as a representative even if the other parties have no objection.
21.2 If a party to the dispute objects to the representation of another party to the dispute or the commissioner suspects that the representative of one of the parties to the dispute does not fall within the ambit of section 138, the commissioner must determine this issue.
21.3 A dispute concerning the status of a representative in terms of section 138 is a factual dispute. The commissioner may call upon the representative whose status is being contested to demonstrate why he or she should be admitted as a representative in terms of section 138. The commissioner may request the production of documentation such as constitutions, payslips, the contract of employment, the prescribed form listing the directors of a company, recognition agreements, proof of trade union membership etc. Representatives must be prepared to tender evidence in support of their status.
The parties may in respect of the production of documents relevant to the issues in dispute either come to an agreement over the production of the documents or approach the commissioner appointed to hear the case for an appropriate order.
23.1 If a party fails to appear in person or to be properly represented at a scheduled arbitration hearing, the commissioner may act in terms of section 138 (5) of the Act .
23.2 The commissioner must be satisfied that the parties have been properly notified of the date, time and venue of the arbitration proceedings, before making any decision in terms of section 138 (5).
23.3 The Commission must notify the parties if a matter is dismissed.
24.1 An application for the variation or rescission of an arbitration award or ruling must comply with the provisions of rule 19.
24.2 The application must be made within 10 days of the date on which the applicant became aware of- a) the arbitration award or ruling; or b) a mistake common to the parties to the proceedings.
24.3 The commissioner who issued the arbitration award or ruling must hear the application for variation/rescission in terms of section 144 of the Act, provided that the Commission may, on good cause shown, appoint any commissioner to hear the application.
25.1 An application contemplated in section 191(6) of the Act must be served and filed with the Commission within the time prescribed for delivering a request for arbitration or within five days of the referral for arbitration, whichever is the later.
25.2 The application must state the grounds on which a party relies in requesting that the dispute be referred to the Labour Court .
25.3 If any party to the dispute objects to the matter being referred to the Labour Court, that party must state the grounds for the objection within five days of receipt of the application.
25.4 Within ten days from the date on which the objection was filed or should have been filed, the Commission must notify the parties of its decision in terms of section 191 (8).
26.1 The Commission must keep a record of- i) any evidence given in an arbitration hearing; and ii) any arbitration award or ruling made by a commissioner .
26.2 The record may be kept as handwritten notes or an electronic recording.
26.3 After the person who made the handwritten notes or electronic recording has certified it as correct, it must be filed with the provincial registrar .
26.4 A party to the arbitration proceedings may request a copy of the transcript of the handwritten notes, the recording or a portion of the recording, upon payment of the cost, of transcribing the notes, recording and/or portion of the recording.
26.5 After the person who made the transcript of the handwritten notes, recording and/or portion of the recording has certified that it is correct, the transcript of the handwritten notes and/or the electronic recoding must be returned to the provincial registrar.
26.6 The transcript of the handwritten notes and/or electronic recording so certified as correct will serve as prima facie proof of its correctness unless the Labour Court decides otherwise.
These rules repeal all previous guidelines of the Commission published in the Government Gazette.
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