REPORT ON THE REPORT ON THE REPORT ON THE REPORT ON THE

CCMA Facilitated CCMA Facilitated CCMA Facilitated CCMA Facilitated CCMA Facilitated CCMA Facilitated CCMA Facilitated CCMA Facilitated

15151515thththth Anniversary Anniversary Anniversary Anniversary

Think TankThink TankThink TankThink Tank

The Think TankThe Think TankThe Think TankThe Think Tank

The SpeakersThe Speakers

What they saidThe Key Learnings

What was it?What was it?What was it?What was it?Reflection on 15 years since the Reflection on 15 years since the Reflection on 15 years since the Reflection on 15 years since the Reflection on 15 years since the Reflection on 15 years since the Reflection on 15 years since the Reflection on 15 years since the establishment of the CCMA establishment of the CCMA establishment of the CCMA establishment of the CCMA and the current state of the South African and the current state of the South African and the current state of the South African and the current state of the South African

LabourLabourLabourLabour Market…Market…Market…Market…

Looking Back and Moving ForwardLooking Back and Moving ForwardLooking Back and Moving ForwardLooking Back and Moving Forward

Nerine Kahn, Halton Cheadle, Sipho Pityana,

Who spoke?

Nerine Kahn, Halton Cheadle, Sipho Pityana,

Sakhela Buhlungu, Connie September, Pregs

Govender, Leonard Gentle, Elias Monage, Paul

Benjamin and the participants.

What did they say?What did they say?

Key themes emerging

The same challenges found in 1995 are the

challenges that we are facing today (little has

changed)

� The new government faced a terrible legacy of extreme

inequality and high unemploymentinequality and high unemployment

� Mass unemployment and poverty

� Discrimination and inequality

� Intense conflict at the workplace

Key themes emerging (continued)

� Low levels of productivity

� Shortage of managerial and technical skills required to drive

an economy

� Sluggish employment growth

� Economy increasingly open to international competition

Key themes emerging (continued)

Graphic and disturbing description of the labour

market:� Labour relations has deteriorated and could deteriorate

furtherfurther

� Growing pressure from unemployed for social justice

� Workplace discrimination is more rampant than reported

� The failure of the education system and its long term impact

on the labour market, together with the already low level of

skills in the economy compound the problem

� Low level of negotiation skills by negotiators

� We need to narrow the wage gap between rich and poor

Key themes emerging (continued)

The Role of the Labour Movement While labour movement has a very high profile, if one goes down

to the work place it’s very weak (especially with regard to discrimination issues)

Regulated FlexibilityThe impact of regulated settlements, we should retrace our steps

and rebuild the basicsand rebuild the basics

Needing SynergyA comprehensive approach to policy is required, failing this the

labour market will fall into an even deeper crisis

Labour Market Commission ReportView expressed was that we shouldn’t assume that this policy is

the basis to build on, perception that it’s based on flawed assumptions

Key themes emerging (continued)

We need to reflect on doing things differently

now that whole economies are on the brink

of collapse (we need to ‘slug’ it out)

The crisis of leadershipThe crisis of leadership� We need visionary leadership

We need more effective ways of dealing with

unemployment and protecting jobs

Key themes emerging (continued)

Some questions:

� Why have we not achieved more consensual, rather than less adversarial engagements?

� Is collective bargaining playing a constructive economic role

� Is there sufficient progress on productivity and skills � Is there sufficient progress on productivity and skills development?

� What is the scope for job creation agreements, perhaps with lower wages for new entrants? The CCMA played a very constructive role in getting agreement in the Clothing Industry.

� Is it too easy to strike?

� Is it too easy to refer disputes?

Key themes emerging (continued)

Legacy of conflict in society and workplace� Legacy of conflict in society is still with us in all spheres

� The use of power to crush opponents is a dominant

approach

� Management intransigence� Management intransigence

� Worker ungovernability

Key themes emerging (continued)

“Weak” institutions� Capacity to act is often constrained

� By politics

� Lack of competence and insufficient knowledge� Lack of competence and insufficient knowledge

� Limited resources

� Unclear mandates

Key themes emerging (continued)

Do we need legislative reforms with regard to

the challenges facing us?

The role of the CCMAThe role of the CCMA� Is the CCMA a victim of its own success, (its high case

load), is this access to justice or is this ‘top up’ employment

benefits?

� Is the CCMA encouraging ‘rent seeking’ behaviour, come

and get a months salary even if you have had your ‘hands in

the till’, is this social justice?

Key themes emerging (continued)

There’s a lack of trust between the parties, the

parties are trying to protect their turf

There is a need for a comprehensive approach

that connects the issues, failing which the that connects the issues, failing which the

labour market will sink into an even deeper

state of chaos

The international/global crisis will/can force us

to come up with a new paradym

Key themes emerging (continued)

The CCMA is a huge success, it’s one of SA’s success stories in new SA dispensation, it’s created a platform for social justice

Institutions need to come together to agree on Institutions need to come together to agree on a particular way forward, the CCMA can facilitate this

The CCMA’s role is more than just dealing with unfair dismissals, it also needs to deal with the big labour market challenges

Key themes emerging (continued)

The CCMA should be more involved in the

transformation of the workplace, the CCMA

needs to be more proactive in this regard

The CCMA could ‘drive’ training and The CCMA could ‘drive’ training and

development for specific sectors and

industries

The CCMA should do more capacity building

and leadership development

Key themes emerging (continued)

The CCMA can play a positive role in job

creation and job retention

The CCMA should work more closely with the The CCMA should work more closely with the

SETA’s

The CCMA should engage and work closely

with other institutions like NEDLAC and DOL

What are the key learnings?

Our report card!

What we’re currently doing well!� Dispute Resolution� Dispute Resolution

� Dispute Prevention

What we need to do more!� Building Workplace Relations

� Managing Conflict in the Workplace

� Build High Performance Workplaces (Clive Thompson)

The key learnings (continued)

“The labour market environment in which we

are operating is shifting continuously!”Nerine Kahn (08 December 2011)

We need to moveB“from mediators and

arbitrators of disputes to facilitators of

workplace changeB”Clive Thompson on the CCMA’s facilitation/consensus seeking

role (08 December 2011)

What are the key learnings?

(continued)

“We’ve done a lot already, but we’ve got a lot to

do!”

Leon Levy

December 2011