On 11 May 2020 an urgent directive in respect of access to the Commission for Conciliation, Mediation and Arbitration (CCMA) came into effect. persfinza lockdown
Parties will not be able to submit physical copies of referral forms to the CCMA, however, CCMA Rule 7 allows for service of such referrals to be made by email, as well as fax. The CCMA is currently working on alternative online platforms to be utilised for referrals which will be communicated once ready.Conciliation hearings which comply with the requirements of the Directive will be set down for a physical hearing, unless otherwise agreed between the Parties and the CCMA.
Where an application is made as a statement without a signature, the CCMA requires confirmation from the submitting party through electronic means that is not in the public domain such as SMS, WhatsApp, and voice recording or otherwise.Parties must hold a pre-arbitration conference to reach consensus on the issues listed in CCMA Rule 20.
whether the parties are prepared to proceed by means of a video conferencing facility and the applicable facility to be used;how evidence will be adduced remotely or if witnesses do not have access to video conferencing methods;any other information that the CCMA or Commissioner may require to determine how the matter is to be dealt with.
The Commissioner may give ad hoc directives as to how the matter is to be disposed of, having regard to the arrangements the parties have made.Where parties require the presence of witnesses, who are entitled to administrative assistance in terms of section 115 of the LRA, a Commissioner may direct any party to be present and/or available on a time and date as determined by the Commissioner, where the commissioner is satisfied that the other requirements for a person to be served has been met.
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