5 YEARS IN: HOW WE RE-AWAKENED THE CCMA

5 YEARS ON: WHERE WE ARE MOVING FORWARD TO

SASLAW CONFERENCE

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

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 ●

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

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.

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

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

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

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

Review of Panelist performance revealed very different standards in

Bargaining Councils

Systematic introduction of similar standards for panelists

Ongoing

ACCREDITATION OF BARGAINING COUNCIL PANELISTS

CASELOAD AS AN ECONOMIC BAROMETER

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

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

AWARDS TAKEN ON REVIEW

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

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

JOB SECURITY

• 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

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.

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

INCREASED ACCESSIBILITY

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

Overall results of the survey indicated no clear failure and the institution

obtained favourable ratings on all dimensions

ASKED OUR USERS WHAT THEY THOUGHT...

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.

Identified in current strategy that we were not delivering accurately on

S138 (7)

MOVING FORWARD IN THE NEXT FIVE YEARS...

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%

Serve a copy on each party or representative

SECTION 138 (7) (b)

AWARDS SERVED LATE TO PARTIES

2010/2011 2011/20120%

5%

10%

15%

20%

25%

30%

35%

40%

45%

50%

In this financial year we are specifically focused on Johannesburg

CONTINUE TO MONITOR REGIONS

JOHANNESBURG OFFICE STATISTICS

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

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

High focus on ensuring compliance to all legislation, governance

requirements and Treasury Regulations and guidelines

BACK OFFICE

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....

Revolutionising Workplace Relations