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R 385
Labour Relations Act, 1995 (Act No. 66 of 1995)Commission for Conciliation, Mediation and ArbitrationBargaining Councils Accredited by the CCMANotice No. 2535 of 2024Terms of Accreditation for Conciliation, Arbitration, and Inquiry by Arbitrator1. Scope of Accreditation |
Herewith categories of disputes for which Councils are eligible to apply for accreditation.
COUNCILS ARE ACCREDITED TO PERFORM THE FOLLOWING DISPUTE RESOLUTIONS FUNCTIONS:
Unfair dismissal disputes |
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Unfair Labour practice |
- Section 191 |
Mutual Interest disputes |
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Interpretation of Collective Agreement disputes |
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Essential Services disputes |
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Pre-dismissal arbitrations |
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Temporary Employment Service |
- Section 198, 198A, 198B, 198C and 198D |
Disputes about Interpretation and Application of Chapter 2 |
COUNCILS MAY NOT SEEK ACCREDITATION FOR THE FOLLOWING DISPUTE RESOLUTION FUNCTIONS REGARDING DISPUTES OVER THE FOLLOWING (see FOOTNOTE 11 of SECTION 51):
Organisational rights (sections 16, 21 and 22);
Collective Agreements where the agreement does not provide for a dispute resolution procedure or the procedure is inoperative or any party frustrates the resolution of disputes (section 24(2) to (5));
Agency shops and closed shops (section 24(6) and (7) and section 26(11);
Determinations made by the Minister in respect of proposals made by a Statutory Council (section 45);
The interpretation and application of Collective Agreements of a Council whose registration has been cancelled (section 61(5) to (8));
Demarcation of sectors and areas of Councils (section 62);
The Interpretation or application of Part C (Bargaining Councils), Part D (Bargaining Councils in the Public Service), Part E (Statutory Councils) and Part F (General Provisions concerning Councils) (Section 63);
Picketing (section 69(8) to 10);
Proposals which are the subject of joint-decision making in a workplace forum (section 86);
Disclosure of information to workplace forums (section 89);
Interpretation or Application of the provisions of Chapter 5 of the LRA which deals with workplace forums (section 94);
Enforcement of the Collective Agreements by Bargaining Councils (section 33A) and;
Enforcement of arbitration awards in terms of section 143. Only the Director of the CCMA, unless the power has been delegated to a CCMA Senior Commissioner may certify awards as if it were an order of the Labour Court;
Facilitating mass retrenchment disputes section 189(A).