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About this publication

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. 

“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.” 

— Anton Steenkamp, Judge of the Labour Court 

Content

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  

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 the publication of the 5th edition, certain rules have been amended. Most of these are cosmetic, but some are not. For a full list of the further amendments and a summary of changes, click here. 

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