Rules for the conduct of proceedings before the CCMA w.e.f. 1 January 2019

STAATSKOERANT, 7 DECEMBER 2018 No. 42092 89

Labour, Department of/ Arbeid, Departement van
DEPARTMENT OF LABOUR NOTICE 776 OF 2018
776 Labour Relations Act (66/1995): Rules for the conduct of proceedings before the CCMA, effective from 1 January 2019 42092

RULES FOR THE CONDUCT OF PROCEEDINGS BEFORE THE CCMA

Act
As published under GNR1448 in GG 25515 dated 10 October 2003 as amended by

Notice Government Gazette Date
R1512 25607 17 October 2003
R1748 25797 05 December 2003
R1793 25826 12 December 2003
R530 26279 30 April 2004
R531 26279 30 April 2004
R532 26279 30 April 2004
R380 27490 22 April 2005
R 97 29587 09 February 2007
R1176 31564 07 November 2008
R705 34577 02 September 2011
R494 35435 12 June 2012
R223 38572 17 March 2015

COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION

The Governing Body of the Commission for Conciliation, Mediation and Arbitration hereby, in terms of Section 115(2A) and (6) of the Labour Relations Act 66 of 1995, publishes the Rules as amended, effective from 1 January 2019.

TABLE OF CONTENTS

PART ONE SERVING AND FILING DOCUMENTS

1 How to contact the Commission
2 When are the offices of the Commission open
3 How to calculate time periods in these Rules
4 Who must sign documents
5 How to serve documents on other parties
5A Notice of proceedings before the Commission
6 How to prove that a document was served in terms of the Rules
7 How to file documents with the Commission
8 Documents and notices sent by registered post
9 How to seek condonation for documents delivered late

PART TWO CONCILIATION OF DISPUTES

10 How to refer a dispute to the Commission for conciliation
11 How must the commission notify parties of the conciliation
12 Commission may seek to resolve dispute before conciliation
13 What happens if a party fails to attend at conciliation
14 How to determine whether a commissioner may conciliate a dispute
14A Extension of conciliation period in terms of Section 135(2A)
15 Issuing a certificate in terms of Section 135(5)
16 Conciliation proceedings may not be disclosed
90 No. 42092 GOVERNMENT GAZETTE, 7 DECEMBER 2018

PART THREE CON-ARB IN TERMS OF SECTION 191(5A)

17 Conduct of con-arb in terms of Section 191(5A)

PART FOUR ARBITRATIONS

18 How to request arbitration
19 When must the parties file statements
20 When the parties must hold a pre-arbitration conference
21 When must the Commission notify parties of an arbitration
22 How to determine whether a Commissioner may arbitrate a dispute
23 How to postpone an arbitration

PART FIVE RULES THAT APPLY TO CONCILIATIONS AND ARBITRATIONS AND CON-ARBS

24 Where a conciliation or arbitration will take place
25 Representation before the Commission
26 How to join or substitute parties to proceedings
27 How to correct a citation of a party
28 When the Commission may consolidate disputes
29 Disclosure of documents
30 What happens if a party fails to attend proceedings before the Commission

PART SIX APPLICATIONS

31 How to bring an application
31A How to apply for picketing rules or the determination of disputes relating thereto
31B How to apply for the enforcement of written undertakings and/or compliance orders
32 How to apply to vary or rescind arbitration awards or rulings
33 How to apply to refer a dismissal dispute to the Labour Court

PART SEVEN INQUIRY IN TERMS OF SECTION 188A

34 How to request an inquiry in terms of Section 188A

PART EIGHT GENERAL
35 Condonation for failure to comply with the Rules and form
36 Recordings of Commission proceedings
37 How to have a subpoena issued and served
37A Expert witnesses
38 Payment of witness fees
39 Order of costs in an arbitration
40 Certification and enforcement of arbitration awards
40A Payment of an arbitration fee ordered in terms of Section 140 of the Act
41 What words mean in these Rules
STAATSKOERANT, 7 DESEMBER 2018 No. 42092 91

PART ONE SERVING AND FILING DOCUMENTS

1 How to contact the Commission

(1) The addresses, telephone, telefax numbers and e-mail addresses of the offices of the Commission are listed in Schedule One to these Rules.

(2) Subject to Rule 7, documents may only be filed with the Commission at the addresses, telefax numbers and e-mail addresses listed in Schedule One.

2 When are the offices of the Commission open

(1) The head office and the regional offices of the Commission will be open every day from Monday to Friday, excluding public holidays, between the hours of 08h30 and 16h30, or as determined by the Commission.

(2) Documents may be filed with the Commission during the hours referred to in sub-rule (1).

(3) Notwithstanding sub-rule (2), documents may be faxed and e-mailed at any time and on any day of the week to the Commission.

3 How to calculate time periods in these Rules

(1) For the purpose of calculating any period of time in terms of these Rules - (a) day means a calendar day; and
(b) the first day is excluded and the last day is included, subject to sub- rule (2).

(2) The last day of any period must be excluded if it falls on a Saturday, Sunday, public holiday or on a day during the period between 16 December to 7 January¹.

4 Who must sign documents

(1) A document that a party must sign in terms of the Act or these Rules may be signed by the party or by a person entitled in terms of the Act or these Rules to represent that party in the proceedings.

(2) If proceedings are jointly instituted or opposed by more than one employee, documents may be signed by an employee who is mandated by the other employees to sign documents. A list in writing of the employees who have mandated the employee to sign on their behalf must be attached to the referral document.

¹ This Rule is not applicable to timelines regulated by the Labour Relations Act, Em ploym ent Equity Act and/or the Bas ic Conditions of Em ploym ent Act and/or the National Minim um Wage Act, which timelines shall be governed by the provisions of the relevant legislation, alternatively, the Interpretation Act.

5 How to serve documents on other parties

(1) Unless otherwise provided for in these Rules, a party must serve a document on the other parties -

(a) by handing a copy of the document to -

(i) the person concerned;

(ii) a representative authorised in writing to accept service on behalf of the person;

(iii) a person who appears to be at least 16 years old and apparently in charge of the person's place of residence, business or place of employment at the time; or

(iv) a person identified in sub-rule (2); (b) by leaving a copy of the document at -

(i) an address chosen by the person to receive service; or

(ii) any premises in accordance with sub-rule (3);

(c) by e-mailing, faxing or telexing a copy of the document to the person's e-mail, fax or telex number respectively, or an e-mail address, fax or telefax number chosen by that person to receive service;

(d) by sending a copy of the document by registered post or telegram to the last known address of the party or an address chosen by the party to receive service.

(2) A document may also be served -

(a) on a company or other body corporate by handing a copy of the document to a responsible employee of the company or body at its registered office, its principal place of business within the Republic or its main place of business within the magisterial district in which the dispute first arose;

(b) on an employer by handing a copy of the document to a responsible employee of the employer at the workplace where the employee(s) involved in the dispute ordinarily work or worked;

(c) on a trade union or employers' organisation by handing a copy of the document to a responsible employee or official at the main office of the union or employers' organisation or its office in the magisterial district in which the dispute arose;

(d) on a partnership, firm or association by handing a copy of the document to a responsible employee or official at the place of business of the partnership, firm or association or, if it has no place of business, by serving a copy of the document on a partner, the owner of the firm or the chairman or secretary of the managing or other controlling body of the partnership, firm or association, as the case may be;

(e) on a municipality, by serving a copy of the document on the municipal manager or any person acting on behalf of that person;

(f) on a statutory body, by handing a copy to the secretary or similar officer or member of the board or committee of that body, or any person acting on behalf of that body; or

(g) on the State or a province, a state department or a provincial department, a minister, premier or a member of the executive committee of a province by handing a copy to a responsible employee at the head office of the party or to a responsible employee at any office of the State Attorney.

(3) If no person identified in sub-rule (2) is willing to accept service, service may be effected by affixing a copy of the document to -

(a) the main door of the premises concerned; or

(b) if this is not accessible, a post-box or other place to which the public has access.

(4) The Commission or a commissioner may order service in a manner other than prescribed in this Rule.

5A Notice of proceedings before the Commission

The Commission may provide notice of a conciliation or arbitration hearing, or any other proceedings before it, by means of any of the methods prescribed in Rule 5 and/or by means of short message service.

6 How to prove that a document was served in terms of the Rules

(1) A party must prove to the Commission or a commissioner that a document was served in terms of these Rules, by providing the Commission or a commissioner -

(a) with a copy of proof that the document has been mailed by registered post to the other party;

(b) with a copy of the telegram or telex transmitting the document to the other party;

(c) with a copy of the telefax transmission report indicating the successful transmission to the other party of the whole document;

(d) if a document was served by hand -

(i) with a copy of a receipt signed by, or on behalf of, the other party clearly indicating the name and designation of the recipient and the place, time and date of service; or

(ii) with a statement confirming service signed by the person who delivered a copy of the document to the other party or left it at any premises; and

(e) if a document was served by e-mail, with a copy of the sent e-mail indicating the successful dispatch to the other party of the e-mail and any attachments concerned.

(2) If proof of service in accordance with sub-rule (1) is provided, it is presumed, until the contrary is proved, that the party on whom it was served has knowledge of the contents of the document. The relevant provisions of the Electronic Communications and Transactions Act 25 of 2002 are applicable in respect of any issue concerning service by e-mail or the service of a notice of proceedings by short message service as permitted by rule 5A.

(3) The Commission may accept proof of service in a manner other than prescribed in this Rule, as sufficient.

7 How to file documents with the Commission

(1) A party must file documents with the Commission -

(a) by handing the document to the regional office of the CCMA or the office of the Department of Labour at the address listed in Schedule One;

(b) by sending a copy of the document by registered post to the regional office of the CCMA at the address listed in Schedule One; or

(c) by faxing or e-mailing the document to the regional office of the CCMA using a fax number or e-mail address listed in Schedule One. Documents filed by means of e-mail must be transmitted in MS Word or PDF ² format

(2) A document is filed with the Commission when -

(a) the document is handed to the regional office or an office of the
Department of Labour listed in Schedule One;

(b) a document sent by registered post is received, or presumed to be received as provided for in Rule 8, by the regional office of the CCMA listed in Schedule One;

(c) the transmission of a fax is successfully completed; or

(d) the e-mail is received in the regional office of the CCMA, as provided for in the Electronics Communications and Transactions Act 25 of 2002.

² Microsoft Word or MS-WORD (often called Word) is a graphical word processing program that allows users to type and save documents . Portable Document Form at (PDF) is a file form at us ed to present and exchange documents reliably.

(3) A party must only file the original of a document, if requested to do so by the Commission or a commissioner. A party must comply with a request to file an original document within seven (7) days of the request,

8 Documents and notices sent by registered post

Any document or notice sent by registered post by a party or the Commission is presumed, until the contrary is proved, to have been received by the person to whom it was sent seven (7) days after it was posted.

9 How to seek condonation for documents delivered late

(1) This Rule applies to any referral document or application delivered outside of the applicable time period prescribed in the Act or these Rules.

(2) A party must apply for condonation, in terms of Rule 31, when delivering the document late to the Commission.

(3) An application for condonation must set out the grounds for seeking condonation and must include details of the following:

(a) the degree of lateness;

(b) the reasons for the lateness;

(c) the referring parties' prospects of succeeding with the referral or application and obtaining the relief sought against the other party;

(d) any prejudice to the other party; and

(e) any other relevant factors.

(4) The Commission may assist a referring party to comply with this Rule.

 
PART TWO CONCILIATION OF DISPUTES

10 How to refer a dispute to the Commission for conciliation

(1) A party must refer a dispute to the Commission for conciliation by delivering a completed prescribed LRA Form 7.11 ('the referral document').

(2) The referring party must -

(a) sign the referral document in accordance with Rule 4; and

(b) attach to the referral document, written proof, in accordance with Rule 6, that the referral document was served on the other parties to the dispute.

(c) if the referral document is filed out of time, attach an application for condonation in accordance with Rule 9(3) read with Rule 31.

(3) The Commission must accept, but may refuse to process, a referral document until sub-rule (2) has been complied with.

11 When must the Commission notify parties of a conciliation

(1) The Commission must notify the parties in writing of a conciliation hearing at least –

(a) seven (7) days prior to the scheduled date in matters relating to Section 64, Section 65(2)(a) or Section 189A(8) of the Act;

(b) fourteen (14) days prior to the scheduled date, in the case of any other matter.

(2) Despite sub-rule (1), the Commission may give the parties a shorter notice period, if the parties have agreed or reasonable circumstances require a shorter notice period.

(3) An additional seven (7) days must be provided, if a notice of conciliation in terms of this rule is sent by registered mail only.

12 Commission may seek to resolve dispute before conciliation

The Commission or a commissioner may contact the parties by telephone or other means, prior to the commencement of the conciliation, in order to seek to resolve the dispute.

13 What happens if a party fails to attend at conciliation

(1) If a party who has referred a dispute fails to attend or to be represented at conciliation as contemplated in Rule 25(1)(a), the commissioner may -

(a) continue with the proceedings;

(b) adjourn the conciliation to a later date within the 30-day period; or

(c) conclude the proceedings by issuing a certificate that the dispute remains unresolved.

(2) In exercising a discretion in terms of sub-rule (1), a commissioner should take into account, amongst other things -

(a) whether the party has previously failed to attend a conciliation in respect of that dispute;

(b) any reason given for that party's failure to attend;

(c) whether conciliation can take place effectively in the absence of one or more of the parties;

(d) the likely prejudice to the other party of the commissioner's ruling; and

(e) any other relevant factors.

14 How to determine whether a commissioner may conciliate a dispute

If it appears during conciliation proceedings that a jurisdictional issue has not been determined, the commissioner must require the referring party to prove that the Commission has the jurisdiction to conciliate the dispute through conciliation.

14A Extension of conciliation period in terms of Section 135 (2A) of the Act

(1) The concilliating commissioner or a party to a conciliation process may request an extension of the conciliation period referred to in Section 135.

(2) The request must be made on the prescribed form³ and before the expiry of the conciliation period as determined in terms of Section 135.

(3) The Director must within two (2) days of receipt of the request - (a) consider whether:

(i) An extension is necessary to ensure a meaningful conciliation process;

(ii) The refusal to agree to the extension is unreasonable; and

(iii) There are reasonable prospects of reaching agreement; and

(b) Advice the parties on whether or not the extension is granted and where the extension is granted, the period of such extension.

(4) The Director may not extend the conciliation period if the employer party is the State.

15 Issuing of a certificate in terms of Section 135(5)

A certificate issued in terms of Section 135(5) that the dispute has or has not been resolved, must identify the nature of the dispute and the parties as described in the referral document or as identified by the Commissioner during the conciliation proceedings.

16 Conciliation proceedings may not be disclosed

(1) Conciliation proceedings are private and confidential and are conducted on a without prejudice basis. No person may refer to anything said at conciliation proceedings during any subsequent proceedings, unless the parties agree in writing or as ordered otherwise by a court of law.

(2) No person, including a commissioner, may be called as a witness during any subsequent proceedings in the Commission or in any court to give evidence about what transpired during conciliation unless as ordered by a court of law or a Commissioner conducting an arbitration.

³ LRA FORM 7.23

PART THREE CON-ARB IN TERMS OF SECTION 191(5A)

17 Conduct of con-arb in terms of Section 191(5A)

(1) The Commission must notify the parties in writing of a con-arb hearing at least fourteen (14) days prior the scheduled date, unless the parties agree to a shorter period or reasonable circumstances require a shorter period. If a notification is sent by registered mail an additional seven (7) days must be allowed.

(2) A party that intends to object to a dispute being dealt with in terms of Section
191(5A), must deliver a written notice to the Commission and the other party, at least seven (7) days prior to the scheduled date in terms of sub-rule (1).

(3) Sub-rule (2) does not apply to:

(a) a dispute relating to the dismissal of an employee for any reason related to probation or an unfair labour practice relating to probation;

(b) a dispute relating to a compliance order referred in terms of section 69(5) of the BCEA; or

(c) a claim for failure to pay any amount owing referred in terms of section 73A of the BCEA

(4) If a party fails to appear or be represented at a hearing scheduled in terms of sub-rule (1):

(a) the commissioner must conduct the conciliation on the date specified in the notification issued in terms of sub-rule (1), irrespective of whether a party has lodged a notice of objection in terms of sub-rule (2).

(b) Where the provisions of sub-rule 3 are applicable or no notice of objection has been lodged in terms of sub-rule (2), the commissioner must commence with the arbitration immediately after certifying that the dispute remains unresolved.

(c) Notwithstanding sub-rule (4)(b), the commissioner having commenced the arbitration, retains a discretion, as contemplate in Section 138(5) of the Act, to adjourn the proceedings to a later date.

(5) The provisions of these Rules that are applicable to conciliation and arbitration respectively, including rules on representation, apply with the changes required by the context, to the conciliation and arbitration parts of con-arb proceedings, respectively.

(6) If the arbitration does not proceed or is not concluded on the date specified in terms of the notice in sub-rule (1), the Commission must schedule the matter for arbitration either in the presence of the parties or by notifying the parties in terms of Rule 21.

PART FOUR ARBITRATIONS

18 How to request arbitration

(1) A party may request the Commission to arbitrate a dispute by delivering a duly completed LRA form 7.13.

(2) The requesting party must -

(a) sign the request in accordance with Rule 4;

(b) attach to the request written proof that the request was served on the other parties to the dispute in accordance with Rule 6; and

(c) if the request is served out of time, attach an application for condonation in accordance with Rule 9(3).

(3) The Commission must accept, but may refuse to process a request until the provisions of sub-rule (2) have been complied with.

(4) This Rule does not apply to con-arb proceedings held in terms of Section 191(5A) read together with Rule 17.

19 When must the parties file statements

(1) The Commission or a commissioner may direct -

(a) the requesting party in an arbitration to deliver a statement of case; and

(b) the other parties to deliver an answering statement. (2) A statement in terms of sub-rule (1) must -

(a) set out the material facts upon which the party relies and the legal issues that arise from the material facts; and

(b) be delivered within the time-period specified by the Commission or commissioner.

(3) The commissioner has a discretion to continue with the matter despite non- compliance with a directive of the Commission or commissioner in terms of sub-rule (1). However, any non-compliance may be taken into account when considering costs at the conclusion of the arbitration hearing.

20 When the parties must hold a pre -arbitration conference

(1) The parties to an arbitration must hold a pre-arbitration conference dealing with the matters referred to in sub-rule (3), if:

(a) both parties are represented by a trade union, employer’s organisation, legal practitioner and/or candidate attorney.

(b) both parties agree to hold a pre-trial conference; or

(c) directed to do so by the Convening Senior Commissioner, the Senior Commissioner in charge of a region or the presiding commissioner.

(2) A pre-trial conference convened in terms of sub-rule (1)(a) and (b) must be convened at least fourteen (14) days prior to the date of the scheduled arbitration.

(3) In a pre-arbitration conference, the parties must attempt to reach consensus on the following -

(a) any means by which the dispute may be settled;

(b) facts that are agreed between the parties;

(c) facts that are in dispute;

(d) the issues that the Commission is required to decide;

(e) the precise relief claimed and if compensation is claimed, the amount of the compensation and how it is calculated;

(f) the sharing and exchange of relevant documents, and the preparation of a bundle of documents in chronological order with each page numbered;

(g) the manner in which documentary evidence is to be dealt with, including any agreement on the status of documents and whether documents, or parts of documents, will serve as evidence of what they appear to be;

(h) whether evidence on affidavit will be admitted with or without the right of any party to cross-examine the person who made the affidavit;

(i) which party must begin;

(j) the necessity for any on-the-spot inspection;

(k) securing the presence at the Commission of any witness;

(l) the resolution of any preliminary points that are intended to be taken;

(m) the exchange of witness statements; (n) expert evidence;

(o) any other means by which the proceedings may be shortened;

(p) an estimate of the time required for the hearing; (q) the right of representation; and

(r) whether an interpreter is required and, if so, for how long and for which languages.

(4) Unless a dispute is settled, the parties must draw up and sign a minute setting out the facts on which the parties agree or disagree.

(5) A minute in terms of sub-rule (4) may also deal with any other matter listed in sub-rule (3).

(6) The referring party must ensure that a copy of the pre-arbitration conference minute is delivered to the appointed commissioner seven (7) days prior to the date scheduled for the arbitration.

(7) The commissioner may, after receiving a pre-arbitration minute -

(a) direct the parties to hold a further pre-arbitration conference; and /or

(b) issue any other directive to the parties concerning the conduct of the arbitration, including rescheduling the matter for hearing on another date.

(8) The commissioner has a discretion to continue with the arbitration proceedings despite non-compliance with the provisions of sub-rule (1), (4), (5) and/or (6). However, any non-compliance may be taken into account when considering costs at the conclusion of the arbitration hearing.

21 When must the Commission notify parties of an arbitration

The Commission must notify the parties in writing of an arbitration hearing at least twenty-one (21) days prior to the scheduled date, unless the parties agree to a shorter period or reasonable circumstances require a shorter period. If a notification is sent by registered mail only an additional seven (7) days must be allowed.

22 How to determine whether a commissioner may arbitrate a dispute

If during the arbitration proceedings it appears that a jurisdictional issue has not been determined, the commissioner must require the referring party to prove that the Commission has jurisdiction to arbitrate the dispute.

23 How to postpone an arbitration

(1) An arbitration may be postponed -

(a) by written agreement between the parties; or

(b) by application to the Commission and on notice to the other parties in terms of sub-rule (3).

(2) The Commission must postpone an arbitration without the parties appearing if -

(a) all the parties to the dispute agree in writing to the postponement; and

(b) the written agreement for the postponement is received by the Commission at least seven (7) days prior to the scheduled date of the arbitration.

(3) If the conditions of sub-rule (2) are not met, any party may apply in terms of Rule 31 to postpone an arbitration by delivering an application to the other parties to the dispute and filing a copy with the Commission before the scheduled date of the arbitration.

(4) After considering the written application, the Commission may -

(a) without convening a hearing, postpone the matter; or

(b) convene a hearing to determine whether to postpone the matter.

 
PART FIVE RULES THAT APPLY TO CONCILIATIONS AND ARBITRATIONS AND CON-ARBS

24 Where a conciliation or arbitration will take place

(1) A dispute must be conciliated or arbitrated in the region in which the dispute arose or the employer’s principle place of business is located, unless a senior commissioner in the head office of the Commission directs otherwise.

(2) The Commission within a region determines the venue for conciliation or arbitration proceedings.

25 Representation before the Commission

(1) (a) In conciliation proceedings a party to the dispute may appear in person or be represented only by -

(i) if the party is an employer, a director or employee of that party and, in addition, if it is a close corporation, a member or employee of that close corporation;

(ii) any member of that party’s registered trade union or registered employers’ organization or an office bearer or official as defined in the Act;

(iii) if the party is a registered trade union, any member of that trade union or any office bearer or official as defined in the Act and authorized to represent that party; or

(iv) if the party is a registered employers’ organization, any director or employee of an employer that is a member of that employers’ organization or any official or office bearer as defined in the Act and authourised to represent that party.

(v) if a party is the department of labour, any employee or official of the department of labour.

(b) Subject to paragraph (c), in any arbitration proceedings a party to the dispute may appear in person or be represented only by -

(i) a legal practitioner;

(ii) a candidate attorney; or

(iii) an individual entitled to represent the party at conciliation proceedings in terms of sub-rule (1)(a).

(c) If the dispute being arbitrated is referred in terms of section 69(5), 73 or 73A of the BCEA or is about the fairness of a dismissal and a party has alleged that the reason for the dismissal relates to the employee’s conduct or capacity, a party is not entitled to be represented by a legal practitioner or a candidate attorney in the proceedings unless -

(i) the commissioner and all the other parties consent;

(ii) the commissioner concludes that it is unreasonable to expect a party to deal with the dispute without legal representation, after considering -

(a) the nature of the questions of law raised by the dispute;

(b) the complexity of the dispute;

(c) the public interest; and

(d) the comparative ability of the opposing parties or their representatives to deal with the dispute.

(d) In any facilitation of large scale retrenchments as contemplated in section 189A(3) of the Act, a party may appear in person or be represented by:

(i) if the party is the the employer, a director or employee of the party, and, if a close corporation, a member or employee of that close corporation;

(ii) any member of that party's registered trade union or employers’ organisation or office-bearer or official as defined in the Act and authourised to represent the party.

(e) No representation by a legal practitioner or candidate attorney shall be allowed in facilitations of large scale retrenchments as contemplated in section 189A(3).

(f) No person representing a party in proceedings before the Commission in a capacity contemplated in sub-rule (1)(a) or (b), other than a legal practitioner or candidate attorney contemplated in sub-rule (1)(b)(i) and (ii), may charge a fee or receive a financial benefit in consideration for agreeing to represent that party.

(2) If the party to the dispute objects to the representation of another party to the dispute or the commissioner suspects that the representative of a party does not qualify in terms of this Rule, the commissioner must determine the issue.

(3) The commissioner may call upon the representative to establish why the representative should be permitted to appear in terms of this Rule.

(4) A representative must tender any documents requested by the commissioner for the purposes of sub-rule (3), including constitutions, payslips, contracts of employment, documents and forms or recognition agreements and/or proof of membership of a trade union or employers’ organization.

(5) Despite the provisions of sub-rule (1), a commissioner may exclude any person who is representing a party in any proceedings on the basis that they are a member of the same employers’ organization as an employer party, or a member of an employers’ organization that is a party to proceedings, if the commissioner, after enquiring into the matter and considering relevant representations, believes that –

(a) the representative joined the employer’s organization for the purpose of representing parties at the Commission; or

(b) the representative’s participation in the dispute resolution process –

(i) would be contrary to the purpose of the Rule which is to promote inexpensive and expeditious dispute resolution in a manner that is equitable to all parties;

(ii) is not in keeping with the objectives of the Labour Relations Act 66 of 1995; or

(iii) may have the consequence of unfairly disadvantaging another party to the dispute.

(6) Despite the provisions of this Rule, but subject to the provisions of sub-rule (1)(f), the commissioner may, on application brought in accordance with rule 31, allow a person not contemplated in sub-rule (1) to represent a party at arbitration proceedings before the commission, after considering -

(a) whether it is unreasonable to expect the applicant party to deal with the dispute without representation, after considering the factors set out in sub-rule 1(c)(ii)(a) to (d);

(b) the reason why a person contemplated in Rule 25(1)(b) cannot represent the applicant party, which includes affordability, if applicable;

(c) the ability of the proposed representative to meaningfully represent the applicant;

(d) whether the proposed representative is subject to the oversight and discipline of a professional or statutory body;

(e) whether the proposed representative will contribute to the fairness of the proceedings and the expeditious resolution of the dispute;

(f) prejudice to the other party; and

(g) any other relevant factors.

26 How to join or substitute parties to proceedings

(1) The Commission or a commissioner may, at any stage prior to the conclusion of an arbitration or hearing, make an order joining any number of persons as parties in the proceedings if:

(a) The right of the referring party to relief depends on substantially the same question of law or fact, which, if a dispute were to be referred separately against the person sought to be joined, it would arise in a separate claim;

(b) the party to be joined has a substantial interest in the subject matter of the proceedings; or

(c) the party to be joined may be prejudicially affected by the outcome of the proceedings.

(2) A Commission or commissioner may make an order in terms of sub-rule (1) -

(a) on its own accord;

(b) on application by a party; or

(c) if a person entitled to join the proceedings applies at any time during the proceedings to intervene as a party.

(3) An application in terms of this Rule must be made in terms of Rule 31. (4) When making an order in terms of sub-rule (1), a commissioner may -

(a) give appropriate directions as to the further procedure in the proceedings; and

(b) make an order of costs in accordance with these Rules.

(5) If in any proceedings it becomes necessary to substitute a person for an existing party, any party to the proceedings may apply to the Commission or a commissioner for an order substituting that party for an existing party, and a commissioner may make such order or give appropriate directions as to the further procedure in the proceedings.

(6) An application to join any person as a party to proceedings or to be substituted for an existing party must be accompanied by copies of all documents previously delivered, including the referral form, unless the person concerned or that person's representative is already in possession of the documents. The application may be made at any stage prior to the conclusion of an arbitration hearing.

(7) Subject to any order made in terms of sub-rules (4) and (5), a joinder or substitution in terms of this Rule does not affect any steps already taken in the proceedings.

27 How to correct the citation of a party

If a party to any proceedings has been incorrectly or defectively cited, the Commission may of its own accord, by consent of the parties or on application and on notice to the parties concerned, correct the error or defect.

28 When the Commission may consolidate disputes

(1) The Commission or a commissioner may, of its own accord, by consent of the parties or on application, and on notice to the parties concerned, consolidate more than one (1) dispute so that the disputes may be dealt with in the same proceedings.

(2) The Commission or a commissioner may order consolidation of separate disputes of right, where-

(a) the relief sought in each of the separate dispute to be consolidated, depends on the determination of similar or substantially the same questions of law and fact.

(b) there will be no substantial prejudice on the party or parties sought to be joined through a consolidation order;

(c) the balance of convenience favour such consolidation; and

(d) the CCMA has jurisdiction on all disputes sought to be consolidated.

29 Disclosure of documents

(1) At any time after the request for arbitration, but not less than fourteen (14) days prior to the hearing date, either party may request the other party to disclose any documents or material relevant to the dispute.

(2) The party to whom the request is made must respond to the request within five (5) days from the date on which the request was received.

(3) A commissioner may either before or during the proceedings on his/her own accord, or on application, make an order as to the disclosure of relevant documents or other evidence.

(4) Notwithstanding the above, the parties may agree on the disclosure of documents or other relevant evidence.

30 What happens if a party fails to attend arbitration proceedings before the Commission

(1) If a party to the dispute fails to attend or be represented at any arbitration proceedings before the Commission, and that party-

(a) had referred the dispute to the Commission, a commissioner may dismiss the matter by issuing a written ruling; or

(b) had not referred the matter to the Commission, the commissioner may -

(i) continue with the proceedings in the absence of that party; or

(ii) adjourn the proceedings to a later date.

(2) A commissioner must be satisfied that the party had been properly notified of the date, time and venue of the proceedings, before making any decision in terms of sub-rule (1).

(3) If a matter is dismissed, the Commission must send a copy of the ruling to the parties within fourteen (14) days.

PART SIX APPLICATIONS

31 How to bring an application

(1) This Rule applies to any -

(a) application for condonation, joinder, substitution, variation , rescission, or postponement;

(b) application in a jurisdictional dispute; and

(c) other preliminary or interlocutory application.

(2) Subject to Rule 32, an application must be brought at least fourteen (14) days prior to the date of the hearing and on notice to all persons who have an interest in the application.

(3) The party bringing the application must sign the notice of application in accordance with Rule 4 and must state -

(a) the title of the matter;

(b) the case number assigned to the matter by the Commission, if available;

(c) the relief sought;

(d) the address at which the party delivering the document will accept delivery of all documents in the proceedings;

(e) that any party that intends to oppose the matter must deliver a notice of opposition and answering affidavit within five (5) days after the application has been delivered to it;

(f) that the application may be heard in the absence of a party that does not comply with subparagraph (e); and

(g) that a schedule is included listing the documents that are material and relevant to the application.

(4) The application must be supported by an affidavit. The affidavit must clearly and concisely set out -

(a) the names, description and addresses of the parties;

(b) a statement of the material facts, in chronological order, on which the application is based, in sufficient detail to enable any person opposing the application to reply to the facts;

(c) a statement of legal issues that arises from the material facts, in sufficient detail to enable any party to reply to the document;

(d) if the application is filed outside the relevant time period, grounds for condonation in accordance with Rule 9; and

(e) if the application is brought urgently, the circumstances why the matter is urgent and the reasons why it cannot be dealt with in accordance with the time frames prescribed in these Rules.

(5) (a) Any party opposing the application may deliver a notice of opposition and an answering affidavit within five (5) days from the day on which the application was served on that party.

(b) A notice of opposition and an answering affidavit must contain, with the changes required by the context, the information required by sub-rules (3) and (4) respectively.

(6) (a) The party initiating the proceedings may deliver a replying affidavit within three (3) days from the day on which any notice of opposition and answering affidavit are served on it.

(b) The replying affidavit must address only issues raised in the answering affidavit and may not introduce new issues of fact or law.

(7) A commissioner may permit the affidavits referred to in this Rule to be substituted by a written statement.

(8) In an urgent application, the Commission or a commissioner-

(a) may dispense with the requirements of this Rule; and

(b) may only grant an order against a party that has had reasonable notice of the application.

(9) (a) The Commission must allocate a date for the hearing of the application once a replying affidavit is delivered, or once the time limit for delivering a replying affidavit has lapsed, whichever occurs first.

(b) The Commission must notify the parties of the date, time and place of the hearing of the application.

(c) Applications may be heard on a motion roll.

(10) Despite this Rule, the Commission or a commissioner may determine an application in any manner it deems fit, provided that the Commission or the commissioner informs the parties of how the process will be conducted and gives the parties an opportunity to be heard.

31A How to apply for Picketing Rules or the determination of disputes relating thereto

(1) This Rule applies to:

(a) applications for Picketing Rules in terms of Section 69(6B);

(b) disputes relating to the application or interpretation of a picketing agreement or picketing rules determined by the commissioner; and

(c) disputes relating to an issue concerning picketing contemplated by section 69(8).

(2) An application must be brought in a prescribed form with supporting documentation.⁴ (⁴ LRA Form 7.11)

(3) The application must be served on all relevant parties.

(4) Unless the parties agree otherwise, the Commission must set down the Application within two (2) days of receipt of the application.

31B How to apply for the enforcement of Written Undertakings and/or Compliance orders

(1) This Rule applies to any -

(a) application for an undertaking to be made an arbitration award in terms of Section 68(3) of the BCEA; and

(b) application for a compliance order to be made an arbitration award in terms of Section 73(1) of the BCEA;

(2) An application must be brought in a prescribed form⁵ and set out the following information:

(a) the full name and authourity of the applicant;

(b) date on which the written undertaking was secured or compliance order issued;

(c) date on which the employer ought to have complied with the written undertaking or compliance order;

(d) whether the employer failed to fully or partially comply with written undertaking or compliance order; and where the employer partially failed to comply with the written undertaking or compliance order, the relevant provisions which the employer failed to comply with.

(e) Relief sought.

(3) The application must be supported by the following documents:

(a) a copy of the undertaking or compliance order;

(b) in the case of a compliance order, proof that the compliance order was served on the employer in accordance with the BCEA;

(c) if applicable, any documents related to securing a written undertaking or issuing a compliance order, including, a complaint or grievance, an inspection report or other notes made during an inspection and any relevant records of the employer;

(d) if the inspector is not the person signing the prescribed form, a Confirmatory Affidavit signed by the inspector;

(e) supporting witness or third party affidavits, where applicable; and

(f) Any other relevant documents.

(4) The application must be signed and commissioned by the applicant and served on all persons who have an interest in the matter, including the employer and the employee.

(5) An employer may, subject to the provisions of the BCEA, object to a written undertaking or compliance order being made an arbitration award by serving and filing an affidavit setting out its grounds for objection in accordance with the provisions of this Rule.

(6) An objection affidavit in terms of sub-rule (5) must be delivered, supported by relevant documents, to the Department of Labour and any affected employee(s) and filed with the Commission within five (5) days from the date on which the application was served on the employer.

⁵ BCEA Form 15

(7) The party initiating the proceedings may deliver a reply within three (3) days from the day on which any objection is served on it.

(8) The reply must address only issues raised in the objection affidavit contemplated in sub-rule (5) and may not introduce new issues of fact or law.

(9) The Commission must, once a reply is delivered or the time period within which a reply may be delivered has lapsed, whichever occurs first, appoint a commissioner to determine the application by considering the documents filed in terms of this Rule.

(10) Despite sub-rule (9), the commissioner may, if he/she considers it appropriate, request allocation of a hearing date, in which event:

(a) the Commission must notify the parties of the date, time and place of the hearing of the application;

(b) the Applications may be heard on a motion roll.

32 How to apply to vary or rescind arbitration awards or rulings

An application for the variation or rescission of an arbitration award or ruling must be made within fourteen (14) days of the date on which the applicant became aware of the arbitration award or ruling.

33 How to apply to refer a dismissal dispute to the Labour Court

(1) An application in terms of Section 191(6) of the Act to refer a matter to the Labour Court, must be delivered -

(a) within ninety (90) days of a certificate that the dispute has not been resolved being issued; or

(b) by a party that has not requested arbitration, within fourteen (14) days of the referral for arbitration being filed.

(2) Despite sub-rule (1), a party that requests arbitration may not thereafter make an application in terms of Section 191(6).

(3) The application must state the grounds on which a party relies in requesting that the dispute be referred to the Labour Court.

(4) If any party to the dispute objects to the matter being referred to the Labour Court, that party must state the grounds for the objection within seven (7) days of receipt of the application.

(5) The Commission must notify the parties of its decision in terms of Section 191(8) within fourteen (14) days of receiving the objection.

(6) In the event that the request has been granted, the party who applied for the dispute to be referred to the Labour Court must refer the matter to the Labour Court in line with Rule 11 of the Labour Court Rules.

PART SEVEN Section 188A INQUIRY

34 How to request an inquiry in terms of Section 188A

(1) An employer requesting the Commission to conduct an inquiry, must do so by delivering a completed LRA Form 7.19 to the Commission.

(2) The employee must sign the LRA Form 7.19 unless the employee has agreed in terms of Section 188A(4)(b)⁶ to the inquiry in a contract of employment or the inquiry is held in accordance with a collective agreement, in which case a copy of the contract or the collective agreement must be attached to the Form.

(3) When filing the LRA Form 7.19, the employer must pay the prescribed fee to the Commission. Payment of the fee may only be made by -

(a) bank guaranteed cheque; or

(b) electronic transfer into the bank account of the Commission.

(4) Within seven (7) days of receiving a request in terms of sub-rule (1) and payment of the prescribed fee, the Commission must notify the parties to the inquiry of when and where the inquiry will be held.

(5) Unless the parties agree otherwise, the Commission must give the parties at least seven (7) days notice of the commencement of the Inquiry.

(6) The Commission is only required to refund a fee paid in terms of sub-rule (3), if the Commission is notified of the resolution of the matter prior to issuing a notice in terms of sub-rule (4).

PART EIGHT GENERAL

35 Condonation for failure to comply with the Rules and form

(1) Subject to sub-rule (3), the Commission or a commissioner may condone any failure to comply with any provision of these Rules, on good cause shown.

⁶ Only an employee whose earning exceed the a mount determined by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act, (currently R205 433.30 per a nnum) may consent to an inquiry in a contract of employment

(2) In exercising its powers and performing its functions the Commission may act in such a manner as it deems expedient in the circumstances in order to achieve the objects of the Act. In doing so, it shall have regard to substance rather than form, save where the Act provides otherwise.

(3) The provisions of this Rule do not apply to Rule 25.

36 Recordings of Commission proceedings

(1) The Commission must keep a record of -

(a) all processes except conciliations, unless otherwise stated in these Rules;

(b) any arbitration award or ruling made by a Commissioner.

(2) The record must be kept by means of a digital recording and, if practically possible, also by legible notes.

(3) A party may request a copy of the record or a portion of a record kept in terms of sub-rule (2), on payment of the relevant costs, where applicable.

37 How to have a subpoena issued and served

(1) Any party who requires the Commission or a commissioner to subpoena a person in terms of Section 142(1) of the Act, must file a completed LRA Form 7.16 together with a written motivation setting out why the evidence of the person to be subpoenaed is necessary.

(2) A party requesting the Commission to waive the requirement for the party to pay witness fees in terms of Section 142(7) (c) must set out the reasons for the request in writing at the time of requesting the Commission to issue a subpoena in respect of that witness. The Commission’s decision must be made in writing and delivered when issuing the subpoena.

(3) An application in terms of sub-rule (1) must be filed with the Commission at least fourteen (14) days prior to the arbitration hearing, or as directed by the commissioner hearing the arbitration.

(4) The Commission may refuse to issue a subpoena if-

(a) the party does not establish why the evidence of the person is necessary;

(b) the party subpoenaed does not have seven (7) days within which to comply with the subpoena;

(c) not satisfied that the party requesting the subpoena has paid the prescribed witness fees, reasonable travel costs and/or subsistence expenses of the person subpoenaed.

(5) A subpoena must be served by the person who has requested the issuing of the subpoena or by the Sheriff, at least seven (7) days prior to the scheduled date of the arbitration by:

(a) delivering a copy of it to the person subpoenaed personally;

(b) sending a copy of it by registered post to the subpoenaed person's –

(i) residential address;

(ii) place of business or employment; or

(iii) post office box or private bag number;

(c) leaving a copy of it at the subpoenaed person's place of residence or place of business or employment with a person who apparently is at least sixteen (16) years of age and is residing or employed there.

(6) Service of a subpoena must be accompanied by proof of payment of the prescribed witness fees for one day in accordance with the tariff of allowances published by notice in the Government Gazette in terms of Section 142(7) of the Act and the witnesses' reasonable travel costs and subsistence expenses.

(7) Sub-rules (4)(c) and (5)(b) do not apply if the Commission, in terms of Section 142(7)(c), has waived the requirement to pay witness fees.

37A Expert witnesses

A party intending to call an expert witness shall give seven (7) days, prior to the hearing, notice thereof to the Commission and the other party to the dispute together with a summary of the proposed evidence of such witness , any document on which the witness will rely during evidence and the basis on which the witness is regarded to be an expert to enable the other party to consider the summary and obviate the need for any postponement.

38 Payment of witness fees

(1) A witness subpoenaed in any proceedings in the Commission must be paid a witness fee in accordance with the tariff of allowances published by notice in the Government Gazette in terms of Section 142(7) of the Act.

(2) The witness fee must be paid by -

(a) the party who requested the Commission to issue the subpoena; or

(b) the Commission, if the issuing of the subpoena was not requested by a party or if the Commission waives the requirement to pay witness fees in terms of Section 142(7)(c) .

(3) Despite sub-rule (1), the commissioner may, in appropriate circumstances, order that a witness receives no fee or reasonable travel costs and subsistence expenses or only part of such fees or expenses.

39 Order of costs in an arbitration

(1) In any arbitration proceedings, the commissioner may make an order for the payment of costs according to the requirements of law and fairness and when doing so should have regard to -

(a) the measure of success that the parties achieved;

(b) considerations of fairness that weigh in favour of or against granting a cost order;

(c) any with prejudice offers that were made with a view to settling the dispute;

(d) whether a party or the person who represented that party in the arbitration proceedings acted in a frivolous and vexatious manner–

(i) by proceeding with or defending the dispute in the arbitration proceedings, or

(ii) in its conduct during the arbitration proceedings;

(e) the effect that a cost order may have on a continued employment relationship;

(f) any agreement concluded between the parties to the arbitration concerning the basis on which costs should be awarded;

(g) the importance of the issues raised during the arbitration to the parties as well as to the labour community at large;

(h) any other relevant factors.

(2) A commissioner may make an award of costs in favour of a party who appears or is represented in arbitration by a person contemplated in rule
25(1)(a) in respect of reasonable disbursements actually incurred in the conduct of its case in the arbitration. A commissioner who makes an award in terms of this provision must specify clearly the items and amounts in respect of which costs are ordered.

(3) A commissioner may make an award of costs in respect of the legal fees of a party that is represented in an arbitration by a legal practitioner or candidate attorney, only if the other parties to the arbitration were represented by a legal practitioner or candidate attorney.

(4) An award for costs in respect of a legal practitioner as per sub-rule (3) must be in the amount of –

(a) in respect of the first day of an arbitration (including any arbitration concluded in a single hearing) – R7 000-00 (VAT inclusive);

(b) in respect of each additional day of an arbitration – R4 700-00 (VAT inclusive).

(5) An award for costs in respect of a candidate attorney must be 50 percent of the amount set out in sub-rule (4).

40 Certification and enforcement of arbitration awards

(1) An application to have an arbitration award certified must be made on -

(a) LRA Form 7.18 in respect of an award issued by a commissioner; (b) LRA Form 7.18A in respect of an award issued in an arbitration conducted under the auspices of a bargaining council.

(2) Any arbitration award that has been certified in terms of Section 143 of the Act that -

(a) orders the payment of an amount of money may be enforced by execution against the property of the employer party by the Sheriff of the court in the Magisterial district where the employer party resides, or conducts business;

(b) orders the performance of an act other than the payment of money may be enforced by way of contempt proceedings instituted in the Labour Court.

(3) The amount of money that may be enforced through execution by the Sheriff in terms of this sub-rule (2)(a) shall include–

(a) the amount ordered to be paid in terms of the award;

(b) an award of costs in terms of Section 138(10) read with Rule 39; (c) an arbitration fee charged in terms of Section 140(2);

(d) any interest on the amount set out in the award, calculated in terms of section 143(2); and

(e) the Sheriff’s costs permitted in terms of the Magistrate’s Court Tariff for Sheriffs.

(4) In the event that the CCMA financially assisted the party in whose favour the award was granted in the enforcement or execution thereof, the CCMA may, if the costs of the execution were not realized therein, collect such costs, with interest, directly from the defaulting party.

40A Payment of an arbitration fee ordered in terms of section 140 of the Act

(1) Where the commissioner, having found that the dismissal was procedurally unfair, orders payment of an Arbitration fee in terms of 140(1) of the Act:

(a) The arbitration fee shall be the fee set out in the Commission’s Tariff of Fees, as gazette annually.

(b) The employer must pay the prescribed fee to the Commission within fourteen (14) days of receipt of the award ordering payment of such a fee.

(c) Payment of the fee may only be made by –

(i) bank guaranteed cheque, delivered to any of the CCMA’s offices; or

(ii) electronic transfer into the bank account of the Commission.

41 What words mean in these Rules

(1) Any expression in these Rules that is defined in the Labour Relations Act, 1995 (Act 66 of 1995), has the same meaning as in that Act and -

(a) 'Act' means the Labour Relations Act, 1995 (Act 66 of 1995), and includes any regulation made in terms of that Act;

(b) 'Association' means any unincorporated body of persons; (c) ‘BCEA’ means Basic Conditions of Employment Act;

(d) 'Commission' means the Commission for Conciliation, Mediation and Arbitration established by Section 112 of the Act;

(e) 'Commissioner' means a Commissioner appointed in terms of Section 117 of the Act;

(f) 'Con-arb' means proceedings held in terms of Section 191(5A);

(g) 'Deliver' means serve on other parties and file with the Commission;

(h) 'Director' means the Director of the Commission appointed in terms of Section 118 of the Act, and includes any person delegated by the Director to perform any of the functions of the Director;

(i) 'File' means to lodge with the Commission in terms of Rule 7;

(j) 'Labour Court' means the Labour Court established by Section 151 of the Act and includes any judge of the Labour Court;

(k) 'Party' means any party to proceedings before the Commission;

(l) 'Regional Registrar' means the regional registrar of the Commission appointed in terms of Section 120 of the Act in each of the regions, or any other person authorised to act in the place of the regional registrar;

(m) 'Public holiday' means a public holiday referred to in Section 1 of the Public Holidays Act, 1994 (Act 36 of 1994);

(n) 'Rules' means these Rules and includes any footnote to a rule;

(o) 'Senior Commissioner' means a senior commissioner appointed in terms of Section 117 of the Act and includes any person delegated by the senior commissioner to perform any of the functions of the senior commissioner;

(p) 'Serve' means to serve in accordance with Rule 5 and 'service' has a corresponding meaning;

(q) SCHEDULE ONE ADDRESSES OF THE COMMISSION

The addresses of the Commission are as follows:

CCMA OFFICES National Office
28 Harrison Street, Johannesburg, 2001
Private Bag X94, Marshalltown, 2107
Tel: 011-377-6650/01/00
Fax: 011-834-7351
Email: ho@ccma.org.za

Gauteng - Johannesburg Regional Office

CCMA House, 127 Fox Street (Cnr. Eloff), Johannesburg, 2001

Private Bag X96, Marshalltown, 2107
Tel: 011-220-5000
Fax: 011-220-5101/02/03/04/05/0861-392-262
Email: johannesburg@ccma.org.za

Gauteng - Ekurhuleni

CCMA Place, Cnr. Woburn & Rothsay Streets, Benoni, 1501
Private Bag X23, Benoni,1500
Tel: 011-845-9000
Fax: 011-421-4723/48
Email: Ekurhuleni@CCMA.org.za

Gauteng - Tshwane

CCMA Towers, 1st Floor, 345 Pretorius Street, (Corner of Pretorius and Prinsloo Street, opposite the State Theatre), Pretoria,0002
Private Bag X176, Pretoria, 0001
Tel: 012-317 7800
Fax: 012-320-6600/6602/6597/6598
Email: pta@ccma.org.za

Gauteng - Vaal

Cnr. Kruger Avenue & Edward Street, Vereeniging, 1939
Private Bag X010, Vereeniging, 1930
Tel: 016-440-2700
Fax: 016-422-6837/5285/1859/1959
Email: johannesburg@ccma.org.za
120 No. 42092 GOVERNMENT GAZETTE, 7 DECEMBER 2018

Eastern Cape - East London

31 Church Street, East London, 5201
Private Bag X9068, East London, 5200
Tel: 043-711-5400
Fax: 043-743-0810
Email: el@ccma.org.za

Eastern Cape - Port Elizabeth

97 Govan Mbeki Avenue, Port Elizabeth, 6001
Private Bag X22500, Port Elizabeth, 6000
Tel: 041-509-1000
Fax: 041-586-4410/4585
Email: pe@ccma.org.za

Free State - Bloemfontein

CCMA House, Cnr. Elizabeth & West Burger Streets, Bloemfontein, 9301
Private Bag X20705, Bloemfontein, 9300
Tel: 051-411-1700
Fax: 051-448-4468/9
Email: blm@ccma.org.za

Free State - Welkom

Phakisa House, Cnr. Ryk & Heeren Streets, Welkom, 9459
Private Bag X10213, Welkom, 9460
Tel: 057-910-8300
Fax: 057-352-8774/8409
Email: blm@ccma.org.za

KwaZulu Natal - Durban

1st & 3rd Floors, Aquasky Building, 275 Anton Lembede Street, Durban, 4001
Private Bag X54363, Durban, 4000
Tel: 031-362-2300
Fax: 031-301-1344/0988
Email: kzn@ccma.org.za

KwaZulu Natal - New Castle

Rams TV Centre, 71 Scott Street, Newcastle, 2940
Private Bag X6622, Newcastle, 2940
Tel: 034-328-2400
STAATSKOERANT, 7 DESEMBER 2018 No. 42092 121

Fax: 034-312-5964
Email: kzn@ccma.org.za

KwaZulu Natal - Pietermaritzburg

CCMA House, 180 Langalibalele Street, Pietermaritzburg, 3201
P.O. Box 72, Pietermaritzburg, 3200
Tel: 033-328-5000
Fax: 033-345-9790
Email: kzn@ccma.org.za

KwaZulu Natal - Port Shepstone

The Chambers, 68 Nelson Mandela Drive, Port Shepstone, 4240
Private Bag X849, Port Shepstone, 4240
Tel: 039-688-3700/02
Fax: 039-684-1771
Email: kzn@ccma.org.za

KwaZulu Natal - Richards Bay

2nd Floor, ABSA Building, Lakeview Terrace, 7 Trinidad Parking Area, Richards Bay, 3901
Private Bag X1026, Richards Bay, 3900
Tel: 035-799-3300
Fax: 035-789-7148
Email: kzn@ccma.org.za

Limpopo - Polokwane

CCMA House, 104 Hans van Rensburg Street, Polokwane, 0699
Private Bag X9512, Polokwane, 0700
Tel: 015-287-7400
Fax: 015- 297-1649
Email: ptb@ccma.org.za

Mpumalanga - Nelspruit

25 Samora Machel, Sanlam Centre Building, 7th Floor Nelspruit

Tel: 013 752 2155
Fax: 013 753 3835/2785
Email: wtb@ccma.org.za
122 No. 42092 GOVERNMENT GAZETTE, 7 DECEMBER 2018

Mpumalanga - Witbank

CCMA House, 69 Kruger Street, Witbank, 1035
Private Bag X7290, Witbank, 1035
Tel: 013- 655-2600/1/2
Fax: 013- 656-2885/6
Email: wtb@ccma.org.za

Northern Cape - Kimberly

CCMA House, 5-13 Compound Street, Kimberley, 8301
Private Bag X6100, Kimberley, 8300
Tel: 053- 836-7300
Fax: 053- 831-5947/8
Email: kmb@ccma.org.za

North West - Klerksdorp

CCMA House, 47 Siddle Street, Klerksdorp, 2570
Private Bag X5004, Klerksdorp, 2571
Tel: 018-487-4600
Fax: 018-462-4126/4053/018-487-4148
Email: kdp@ccma.org.za

North West - Rustenburg

1st Floor, CCMA House, 43-45 Boom Street, Rustenburg, 0299
Private Bag X82104, Rustenburg, 0300
Tel: 014-591-6400
Fax: 014-592-5236
Email:kdp@ccma.org.za

Western Cape - Cape Town

CCMA House, 78 Darling Street, Cape Town, 8001
Private Bag X9167, Cape Town, 8000
Tel: 021- 469-0111
Fax: 021-465-7193/97/87/021- 462-5006
Email:ctn@ccma.org.za

Western Cape - George

2 Cathedral Square, 62 Cathedral Street, George, 6529
Private Bag X6650, George, 6530
Tel: 044-805-7700/01
Fax: 044-873-2906
Email: ctn@ccma.org.za
STAATSKOERANT, 7 DESEMBER 2018 No. 42092 123

ADDRESSES OF THE DEPARTMENT OF LABOUR

LABOUR CENTRES

EASTERN CAPE

Aliwal North
80 Somerset Street, Aliwal North, 9750
Tel: (051) 633 2633

Butterworth
Corner Merrimen and Umtata Streets, Bungalow Mall, Butterworth, Tel: (047) 491 0656/0490

Cradock
73 Frere Street, Cradock, 5880
Tel: (048) 881 3010

East London
Corner Hill and Oxford Streets, East London, 5201
Tel: (043) 702 7500

Fort Beaufort
529 Old Kwateba Building, Alice Road, Fort Beaufort
Tel: (046) 645 4686

Graaff-Reinet
Launder Building, 63 Church Street, Graaff-Reinet, 6280
Tel: (049) 892 2142

Grahamstown
20 High Street, Grahamstown, 6140
Tel: (046) 622 2104

King Williams Town
34 Arthur Street, King Williams Town, 5601
Tel: (043) 643 4756/7

Lusikisiki
Corner Stanford and Jakaranda Streets, Lusikisiki
Tel: (039) 253 1996/7

Maclear
133 Van Riebeeck Street, Maclear, 5480
Tel: (045) 932 1424/6

Mdantsane
1 Mazaule, NU 1, Mfaxa Street, Mdantsane
Tel: (043) 761 3151

Mount Ayliff
26 Bridge Street, Mount Ayliff, 4735
Tel: (039) 254 0282/89/91
124 No. 42092 GOVERNMENT GAZETTE, 7 DECEMBER 2018

Mthatha
Standard Bank Building, 106 Chatam Street, Umtata, 5990
Tel: (047) 501 5620/17

Port Elizabeth
1162134 Govan Mbeki Avenue, Port Elizabeth, 600
Tel: (041) 506 5000/0

Queenstown
10 Robinson Road, Queenstown, 5320
Tel: (045) 807 5400

Uitenhage
15A Chase Street, Uitenhage, 6230
Tel: (041) 992 4627

FREE STATE Bethlehem
37 Louw Street, Bethlehem
Tel: (058) 303 5293

Bloemfontein
Corner Maitland & West Burger Streets, Bloemfontein
Tel: (051) 411 6400

Botshabelo
158 Canon Building, Botshabelo, 9781
Tel: (051) 534 3789

Ficksburg
Quart House A and B, 28 Voortrekker Street, Ficksburg
Tel: (051) 933 2299

Harrismith
43 Stuart Street, Harrismith
Tel: (058) 623 2977

Kroonstad
Corner 2 Buitekant and Stattion Streets, Kroonstad
Tel: (056) 215 1812

Petrusburg
34 Ossewa Street, Petrusburg
Tel: (053) 574 0932

Phuthaditjhaba
Corner Lieta and Moropotsane Streets, Phuthaditjhaba
Tel: (058) 713 0373

Sasolburg
No 1, Die Akker Building, Fichardt Street, Sasolburg
STAATSKOERANT, 7 DESEMBER 2018 No. 42092 125

Tel: (016) 970 3200

Welkom
Raymond House, 53 Mooi Street, Welkom
Tel: (057) 391 0200

Zastron
24 A Gustavus Street, Zastron
Tel: (051) 673 1471

GAUTENG Alberton
Mercedes Place, 89 Voortrekker Road, Alberton, 1450
Tel: (011) 861 6130 / 31

Atteridgeville
Corner WF Nkomo Street and Kalafong Road, Pretoria West, Pretoria
Tel: (012) 373 4434/5/8

Benoni
10 Woburn Avenue, Woburn Heights, Benoni
Tel: (011) 747 9600/06

Boksburg
Lakeside Building, Corner Market and Bank Street, Boksburg, 1459
Tel: (011) 898 3340/2/9

Brakpan
Old Post Office Building, Corner Voortrekker and High Streets, Brakpan
Tel: (011) 744 9000

Bronkhorstspruit
40 Botha Street, Bronkhorstspruit
Tel: (013) 932 0197/8

Carletonville
Corner Osmium and Amethyst Streets, Carletonville
Tel: (018) 788 3281

Garankuwa
Setlalentoa Street, Zone 5, Garankuwa
Tel: (012) 700 0290/ 0255

Germiston
Volkskas Building, 141 Victoria Street, Germiston
Tel: (011) 345 6300/2

Johannesburg
145 Commissioner Street, (Corner Small Street), Nedbank Mall Building, Johannesburg,
2000
Tel: (011) 223 1000/01
126 No. 42092 GOVERNMENT GAZETTE, 7 DECEMBER 2018

Kempton Park
Trust Bank Building, Ground Floor, Corner Voortrekker and Wolff Streets, Kempton Park
Tel: (011) 975 9301/7

Krugersdorp
Foley Street, 6 Factoria, Luipaardsvlei
Tel: (011) 955 4420/3

Mamelodi
Mini Munitoria Building, 17281 Makhubela Street, Mamelodi West
Tel: (012) 812 9502

Nigel
Corner 4th Avenue and Hendrik Verwoerd Street, SARS building, Nigel
Tel: (011) 814 7095/7

Pretoria
239 Concillium Building, Corner Nana Sita and Thabo Sehume Streets, Pretoria
Tel: (012) 309 5000

Randburg
Corner Oak & Hill Street, Hillview Centre, Ground Floor, Randburg
Tel: (011) 781 8144

Randfontein
Fountain Plaza, 2 Main Reef Road, Randfontein
Tel: (011) 693 3618/9/3650/3731/2/3

Roodepoort
125 Main Reef Road, Technikon, Roodepoort
Tel: (011) 766 2000

Sandton
9th Street, 424 Marlboro, Sandton
Tel: (011) 444 7631

Soshanguve
2322 Block F, Neat & Fast Building, Soshanguve
Tel: (012) 730 0500

Soweto
2 Khumalo Road, A Centre, Orlando West, Soweto
Tel: (011) 983 8700

Springs
Expo Building, 2nd Floor Corner 7th Street and Park Avenue, Springs, 1559
Tel: (011) 365 3700/03

Temba
Shop no 4 Jubilee Mall, Corner Harry Gwala & Jubilee Road, Temba
Tel: (012) 727 1364/1367/1369/1429/1435/1436/1437

Vanderbijlpark
Nashua Centre, 64 Eric Louw Street, Vanderbijlpark
Tel: (016) 981 0280
STAATSKOERANT, 7 DESEMBER 2018 No. 42092 127

Vereeniging
14 Andasta Building, 22 Merriman Avenue, Vereeniging
Tel: (016) 430 0000

KWAZULU-NAT AL Dundee
63 Victoria Street, Dundee
Tel: (034) 212 3147/8

Durban
Government Buildings, Masonic Grove, Durban
Tel: (031) 336 1500

Estcourt
75 Phillip Street, Estcourt
Tel: (036) 342 9361/9369

Kokstad
Corner Parker and Hope Street, Kokstad
Tel: (039) 727 2140/5643/4931/5361

Ladysmith
35 Keate Street, Ladysmith
Tel: (036) 638 1900/1/2/3

Newcastle
29 Scott Streets, Newcastle
Tel: (034) 312 6038/3334

Pietermaritzburg
370 Langalibalele Street, Pietermaritzburg
Tel: (033) 341 5300

Pinetown
49 Kings Road, Pinetown, 3610
Tel: (031) 701 7740

Port Shepstone
17 Bisset Street, Port Shepstone
Tel: (039) 682 2406/7

Prospecton
1 Prospecton Place, Prospecton
Tel: (031) 913 9700

Richards Bay
11 Lira Rink Road, Richards Bay
Tel: (035) 780 870

Richmond
60 Shepstone Street, Richmond
Tel: (033) 212 2768

Stanger
12 Cato Street, Stanger
Tel: (032) 551 4291/7300

Ulundi
Unit A, Wombe Street, Block 2C, Ulundi
Tel: (035) 879 8800/02/42

Verulam
13 Wick Street, Verulam
Tel: (032) 541 5600/03

Vryheid
99 Landrose Street, Vryheid
Tel: (034) 980 8992/8820

LIMPOPO Giyani
Government Building, Giyani Main Road, Giyani
Tel: (015) 812 9041

Groblersdal
1 Second Avenue, Groblersdal
Tel: (013) 262 3150/2983

Jan Furse
116 Lefa Building, Schoonoord Road
Tel: (013) 265 7210/7125

Lebowakgomo
Magistrate’s Complex, Lebowakgomo
Tel: (015) 633 9360

Lephalale
Nicolet Building, 4 Muller Street, Lephalale
Tel: (014) 763 2162

Makhado
Ground Floor, Progress Paleis, 102 Krogh Street, Louis Trichardt
Tel: (015) 516 0207/1025

Modimolle
84 Limpopo Street, Modimolle
Tel: (014) 717 1046/8

Mokopane
52 Rabe Street, Mokopane
Tel: (015) 491 5973

Phalaborwa
21 Potgieter Avenue, Phalaborwa
Tel: (015) 781 5114
STAATSKOERANT, 7 DESEMBER 2018 No. 42092 131

Polokwane
99 A Landdros Maries Street, Polokwane
Tel: (015) 299 5000/5010

Seshego
4004 G Nelson Mandela Drive, Seshego
Tel: (015) 223 7020/7220

Thohoyandou
Investec Building, Mphephu Street, Thohoyandou
Tel: (015) 960 1300/16

Tzaneen
Boulevard Building, 73 Agatha Street, Tzaneen
Tel: (015) 306 2600

MPUMAL AN GA Barberton
Shop No 11, Eurika Centre, Nourse Street, Barberton
Tel: (013) 712 3066/3353

Bethal
9 Vuyisile Mini Street, Bethal
Tel: (017) 647 2383/5212

Carolina
Chief Albert Luthuli Municipality Premises, Corner Voortrekker & Fersveldt Streets, Carolina
Tel: (017) 843 1077/2111

Emalahleni (Witbank)
36 Mandela Avenue, Corner Escombe & Nelson Mandela Streets, Emalahleni
Tel: (013) 653 3800/656 1422-28

Eestehoek
89 Embhuleni Hospital Road, Mkwanazi Complex, Elukwatini
Tel: (017) 883 2414

Ermelo
Merino Trust Building, Corner De Jager and Joubert Streets, Ermelo
Tel: (017) 819 7632/3010

KwaMhlanga
Building No 6, Government Building, KwaMhlanga
Tel: (013) 947 3173/2484/3378

Malelane
Malelane Labour Centre, 1st Floor ABSA Building, 19 Lorenco Road, Malelane
Tel: (013)-7901528 /1682/1359

Mashishing (Lydenburg)
51 De Klerk Street, Lydenburg
Tel: (013) 235 2368/9
132 No. 42092 GOVERNMENT GAZETTE, 7 DECEMBER 2018

Mbombela (Nelspruit)
29 Brown Street, Alroe Park, Nelspruit
Tel: (013) 753 2844/5/6 or (013) 755 2640

Middelburg
Emily Hobhouse Building, 175 Cowen Ntuli Street, Middelburg
Tel: (013) 283 3600

Piet Retief
Balalas Building, 42 Kotze Street, Piet Retief
Tel: (017) 826 1883/4

Sabie
Old Spar Centre, 10th Avenue, Sabie
Tel: (013) 764 2105/6

Secunda
4 Waterson Street, Sunset Park, Secunda
Tel: (017) 631 2585/2652

Standerton
Caroto Building, 14 Vry Street, Standerton
Tel: (017) 712 1351/4809

NORTH WEST Brits
Reinaldo Building, Corner McClean and Korporasie Streets, Brits
Tel: (012) 252 3068

Christiana
Suidwes Building, 3 Pretorius Street, Christiana
Tel: (053) 441 2120

Klerksdorp
Corner Voortrekker and Anderson Streets, Klerksdorp
Tel: (018) 464 8700

Lichtenburg
45 Church Street, Lichtenburg, 2748
Tel: (018) 632 4323

Mafikeng
25 Lex Court Building, Tillard Street, Mafikeng
Tel: (018) 381 1010/11

Mogwase
Block K, Ground Floor, Mogwase Shopping Complex, Mogwase
Tel: (014) 555 5693

Potchefstroom
Old Volkskas Building, 90 Church Street, Potchefstroom
Tel: (018) 297 5100
STAATSKOERANT, 7 DESEMBER 2018 No. 42092 133

Rustenburg
1st Floor, Shoprite Checkers Building, Church Street, Rustenburg
Tel: (014) 592 8214

Taung
Stand 232, Behind Taung Station Post Office, Taung Station
Tel: (053) 994 1679

Vryburg
27 Nelson Street, Vryburg, 8600
Tel: (053) 927 5221

NORTHERN CAPE Calvinia
Department of Labour, 21 Dorp Street, Calvinia
Tel: (027) 341 1280

De Aar
New Lisbon Building, 23 Main Street, Corner Main and Voortrekker Streets, De Aar
Tel: (053) 631 0455

Kimberley
Laboria House, Corner Pniel & Compound Streets, Kimberley, 8300
Tel: (053) 838 1500

Kuruman
Magistrate Complex, 818 Seweding Road, Kuruman
Tel: (053) 712 3870

Postmasburg
Laboria House, 46 Main Street, Postmasburg
Tel: (053) 313 0641

Springbok
126B Overberg Avenue, Springbok
Tel: (027) 718 1058/9

Upington
Old Post Office Building, Schroder Street, Upington
Tel: (054) 331 1098;

WESTERN CAPE

Beaufort West
4 Voortrekker Street, Beaufort West
Tel: (023) 414 3427

Bellville
1st Floor, 20 Charl Malan Street, Bellville
Tel: (021) 941 7000
134 No. 42092 GOVERNMENT GAZETTE, 7 DECEMBER 2018

Cape Town
Thomas Boydell Building, 22 Parade Street, Cape Town
Tel: (021) 468 5500/02/04

George
Labour Centre, 35 Albert Street, Albert, George
Tel: (044) 801 1200

Knysna
Old Van Halderens Building, Clyde Street, Knysna
Tel: (044) 302 6800

Mitchell's Plain
Old Post Office Building, 5th Ave Polka Square, Town Centre, Mitchell's Plain
Tel: (021) 391 0591

Mossel Bay
Shoprite Building, Corner Marsh and Church Streets, Mosselbay
Tel: (044) 691 1140/1

Oudtshoorn
13 Regent Street, Oudtshoorn
Tel: (044) 203 6100/279 2386

Paarl
68 Breda Street, Paarl
Tel: (021) 872 2020/74

Somerset West
Standard Bank Building, 1st Floor, 117 Main Road, Somerset West
Tel: (021) 852 6535

Vredenburg
85 Main Road, Vergelegenpark, Vredenburg
Tel: (022) 713 1952

Worcester
90A Durban Street, Worcester
Tel: (023) 346 5200