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PRESENTATION TO THE portfolio committee on labour 18 MARCH 2015
A BRIEFING ON THE CCMA SENZ’UMEHLUKO MAKING A DIFFERENCE 2015/ /20 STRATEGY AND APP PRESENTATION TO THE portfolio committee on labour 18 MARCH 2015 1
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NAVIGATING THE PRESENTATION
CCMA CONSTITUTIONAL AND LEGISLATIVE MANDATE INTRODUCING THE CCMA SENZ’UMEHLUKO MAKING A DIFFERENCE 2015/ /20 STRATEGY PRESENTING THE CCMA APP OVERVIEW OF THE BUDGET YEAR ENDING AND THE MTEF ESTIMATES UPDATE ON LABOUR LAWS AMENDMENTS IMPLEMENTATION 2
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CCMA GOVERNANCE The Commission for Conciliation, Mediation and Arbitration (CCMA) is a statutory body established in terms of section 112 of the Labour Relations Act of 1995 (LRA), as amended. The CCMA is governed by the Governing Body (GB) in terms of section 116 of the LRA. The CCMA is governed by a Governing Body made up of an non-executive independent chairperson and representatives from Government, Organised Labour and Organised Business. The members of the GB are appointed by their constituencies at NEDLAC and confirmed by the Minister of Labour. The GB is the Accounting Authority in terms of the PFMA. The GB appoints the Director, who fulfills the functions of a Chief Executive Officer The LRA specifically tasks the GB with appointing Commissioners and determining their conditions of service. The GB may not delegate appointment of the Director, appoint /remove Commissioners, deposit or invest surplus money, accreditation and subsidy functions. In terms of section 115 make rules that regulate proceedings, practices and procedures. 3
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THE PURPOSE OF THE CCMA Constitutional Mandate Discretionary Functions
The CCMA Constitutional Mandate is drawn from Section 23 of the Constitution Conciliate Workplace Disputes; Arbitrate disputes that remain unresolved after conciliation; Facilitate the establishment of workplace forums and statutory councils; Compile and publish information and statistics about its activities; Consider applications for accreditation and subsidy from Bargaining Councils and private agencies; Essential Services Committee established under the auspice off the CCMA with the Director functioning as the Accounting Officer; Provide administrative assistance to an employee who earns below the stipulated threshold Supervise ballots by unions and employer organisations Provide training and information on employment laws Advise parties to a dispute about the procedure to follow Offer to resolve a dispute that has not been referred to the CCMA and Publish guidelines on any aspect of the LRA and to make rules Constitutional Mandate Discretionary Functions Mandatory Functions 4
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INTRODUCING CCMA SENZ’UMEHLUKO MAKING A DIFFERENCE 2015/16-2019/20 STRATEGY
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STRATEGY DEVELEOPMENT PROCESS
THE BROAD MANDATE IS AT THE HEART OF THE STRATEGY THE STRATEGY IS INFORMED BY THE PRINCIPLE OF PUBLIC VALUE IT IS FLEXIBLE AND DYNAMIC TO DEAL WITH A CHANGING OPERATING ENVIRONMENT IT IS NOT BUSINESS AS USUAL EVALUATION OF SIYAPHAMBILI STRATEGY STAKEHOLDER SURVEYING DEVELOPMENT OF STRATEGIC PLATFORM DEVELOPMENT OF STRATEGIC FRAMEWORK DEVELOPMENT OF MONITORING & EVALUATION MEASURES VISION MISSION VALUES GOALS STRATEGIC OBJECTIVES KPA’s TARGETS STRATEGIC IMPACT INDICATORS SITUATIONAL ANALYSIS STAKEHOLDER ENGAGEMENT STAKEHOLDER ENGAGEMENT STAKEHOLDER ENGAGEMENT DEVELOPMENT OF OPERATIONAL PLANS STRATEGY 2020 STAKEHOLDER ENGAGEMENT 6
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SENZ’UMEHLUKO MAKING A DIFFERENCE 2015/16-2019/20 VISION, MISSION AND VALUES
To be recognised and valued by everyone for changing working life by promoting social justice and transforming workplace relations MISSION To give effect to everyone’s Constitutional right to fair labour practices. VALUES Respect Excellence Accountability Diversity Integrity Transparency 7
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SENZ’UMEHLUKO MAKING A DIFFERENCE 2015/16-2019/20 GOALS
Enhance and extend service delivery to transform workplace relations and advance development Strive for organisational effectiveness 8
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SENZ’UMEHLUKO MAKING A DIFFERENCE 2015/16-2019/20 STRATEGIC OBJECTIVES
Goal 1: Enhance and extend service delivery to transform workplace relations and advance development Goal 2: Strive for organisational effectiveness SO1 : Enhancing the labour market to advance stability and growth SO 2: Advancing good practices at work and transforming workplace relations SO3: Building knowledge and skills SO4 : Optimising the organisation 9
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PRESENTING THE CCMA APP 2015-2016
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Enhancing the labour market to advance stability and growth
GOAL 1: ENHANCE AND EXTEND SERVICE DELIVERY TO TRANSFORM WORKPLACE RELATIONS AND ADVANCE DEVELOPMENT SO1 Enhancing the labour market to advance stability and growth KPA 1.1. Provide thought leadership and facilitating social dialogue KPA 1.2. Advance employment security KPA 1.3. Strengthen partnerships for better delivery KPA 1.4.Enhance accessibility to services KPA 1.5. Pro-actively respond to labour market developments 11
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Performance /Measure Indicator
Pg 28 SO 1 Enhancing Labour market to advance stability and growth KPA # Key Performance Area Performance /Measure Indicator Target 2015/16 Quarterly Outcome Q1 Q2 Q3 Q4 1 Provide thought leadership and facilitating social dialogue Number of engagements Four (4) engagements held to provide thought leadership / facilitate social dialogue on identified strategic labour market issues in existing / new strategic platforms One (1) engagements held to provide thought leadership / facilitate social dialogue on identified strategic labour market issues in existing / new strategic platforms One (1) engagements held to provide thought leadership / facilitate social dialogue on identified strategic labour market issues in existing / new strategic platforms One (1) engagements held to provide thought leadership / facilitate social dialogue on identified strategic labour market issues in existing / new strategic platforms One (1) engagements held to provide thought leadership / facilitate social dialogue on identified strategic labour market issues in existing / new strategic platforms No of advocacy sessions conducted Advocacy campaign on Ekurhuleni Declaration conducted with sixteen activities (16) Four (4) Advocacy campaign on Ekurhuleni Declaration activities conducted Four (4) Advocacy campaign on Ekurhuleni Declaration activities conducted Four (4) Advocacy campaign on Ekurhuleni Declaration activities conducted 100% of s135(3)(c) Advisory Award advocacy campaign conducted 25% of s135(3)(c) Advisory Award advocacy campaign conducted 50% of s135(3)(c) Advisory Award advocacy campaign conducted 75% of s135(3)(c) Advisory Award advocacy campaign conducted 100% of s135(3)(c) Advisory Award advocacy campaign conducted 12
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EFFECT OF ADVISORY ARBITRATION AWARDS (2011-2014)
101 Advisory Arbitration awards issued bet In 97% of the matters, award found favour with parties - majority abided by the award unchanged. Advisory Arbitration Awards aid in the resolution of mutual interest and potential strike related matters EFFECT OF ADVISORY ARBITRATION AWARDS ( ) 13
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Performance /Measure Indicator
Pg 29 & 30 SO 1 Enhancing Labour market to advance stability and growth KPA # Key Performance Area Performance /Measure Indicator Target 2015/16 Quarterly Outcome Q1 Q2 Q3 Q4 2 Advance employment security % of jobs saved compared to employees facing retrenchment 20% of jobs saved compared to employees facing retrenchment Number of industry sustainability processes conducted One (1) industry sustainability process conducted in an identified sector Industry sustainability process sector identified Stakeholder Consultation completed Industry sustainability framework developed Industry sustainability process conducted in the identified sector 3 Strengthen partnerships for better delivery Number of strategic partnerships / accords Strengthened six (6) established strategic partnerships with labour market institutions. Strengthened one (1) established strategic partnerships with labour market institutions Strengthened two (2) established strategic partnerships with labour market institutions Develop one (1) new mutually benefit partnership with a labour market institution Labour market institution identified Partnership framework developed one new mutually benefit partnership with a labour market institution developed One (1) strategic labour market accord facilitated Opportunities for facilitating strategic accords identified Labour market accord framework developed One (1) strategic labour market accord facilitated 14
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Job Saving Initiatives
The CCMA job saving efforts in saved jobs DPRU research shows that the CCMA’s job saving efforts generates a financial impact to the national economy times our annual expenditure CCMA Commissioners Indaba 2014 Panel Discussion on National Minimum Wage and the Decent Work Country Programme 15
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Industry Sustainability Processes
This CCMA facilitated process for business and labour formulates collective strategies to addressing the growth, competitiveness and long term sustainability of the Industry, which would in turn lead to the protection of existing jobs and the creation of new jobs. A pilot Industry Sustainability Process has been conducted in the Glass Sector. 16
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Performance Indicator
SO 1 Enhancing Labour market to advance stability and growth KPA # Key Performance Area Performance Indicator Target Year 2015/16 Quarterly Targets Q1 Q2 Q3 Q4 4 Enhance accessibility to services Number of reports on measures to enhance accessibility Further measures to enhance accessibility investigated Current accessibility reviewed Accessibility measures benchmarked CMS rolled out to three (3) DOL provinces (Eastern Cape, Limpopo & Free State), where the READ Only CMS currently exist Roll out plan developed CMS rolled out to DOL province Eastern Cape, where the READ Only CMS currently exist CMS rolled out to DOL provinces (Limpopo where the READ Only CMS currently exist CMS rolled out to DOL provinces Free State), where the READ Only CMS currently exist 100% of measures (Section 115(B)) established to assist users on means test to enforce the awards and execute awards 25% of measures (Section 115(B)) established to assist users on means test to enforce the awards and execute awards 50% of measures (Section 115(B)) established to assist users on means test to enforce the awards and execute awards 75% of measures (Section 115(B)) established to assist users on means test to enforce the awards and execute awards 100% of measures (Section 115(B)) established to assist users on means test to enforce the awards and execute awards Number of capacity building and awareness raising activities conducted Sixty (60) capacity building and awareness raising activities conducted to embed the employment law amendments Ten (10) capacity building and awareness raising activities conducted to embed the employment law amendments Ten (10) capacity building and awareness raising activities conducted to embed the employment law amendments Twenty (20) capacity building and awareness raising activities conducted to embed the employment law amendments Twenty (20) capacity building and awareness raising activities conducted to embed the employment law amendments 5 Pro-actively respond to labour market developments Labour Market monitoring and response analysis reporting mechanism Labour Market monitoring and response analysis reporting mechanism design. Review CCMA labour market monitoring and reporting capacity Labour Market monitoring and response analysis reporting mechanism business Case developed Labour Market monitoring and response analysis mechanism designed Pg 31 & 32 17
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ENHANCING ACCESSIBILITY TO CCMA SERVICES BY EVERYONE
The CCMA operates 21 regional offices, and hears matters in1191 hearing rooms and 122 DOL offices nationally The CCMA opened two new offices in 2014/2015 (Vaal and Welkom) Two new offices will be opened in 2015/2016 in Umtata and Vryburg The Case Management System will be rolled out to three (3) DOL provinces (Eastern Cape, Limpopo & Free State), where the READ Only CMS currently exist Launching a digital tool to track service delivery coverage 18
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CCMA & DOL Labour Law Amendments Tshwane Road Show (CSIR)
In the last year the CCMA spoke to ±28 million radio listeners on how to exercise their rights and access the CCMA as well as holding awareness raising and capacity building activities. An advocacy campaign will informing those users that earn below the prescribed threshold (R ) that assistance will be provided by the CCMA & DOL in alleviating sheriffs cost The labour laws amendments awareness and capacity building campaign includes an overview for users training, specialist training and sector/ company training Spoke to ±28 million radio listeners on how to exercise their righs and access the CCMA Held awareness raising and capacity building activities CCMA & DOL Labour Law Amendments Tshwane Road Show (CSIR) ) 19
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Advancing good practices at work and transforming workplace relations
GOAL 1: ENHANCE AND EXTEND SERVICE DELIVERY TO TRANSFORM WORKPLACE RELATIONS AND ADVANCE DEVELOPMENT SO 2 Advancing good practices at work and transforming workplace relations KPA 2.1. Proactively facilitate improved bargaining KPA Manage conflict in the workplace KPA 2.3. Transform workplace relations 20
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Performance/ Measurement Indicator
Pg 33 & 34 SO 2 Advancing good practices at work and transforming workplace relations KPA # Key Performance Area Performance/ Measurement Indicator Targets Year 2015/16 Quarterly Targets Q1 Q2 Q3 Q4 1 Proactively facilitate improved bargaining Number of Collective Bargaining Improvement Processes (CBIP) conducted Collective Bargaining Improvement Processes conducted in one (1) identified matter One (1) matter identified Stakeholder consultation s completed Collective Bargaining Improvement Processes Framework developed Collective Bargaining Improvement Processes conducted in one (1) identified matter Number of Research Reports Research conducted and published on international and national applicability of Mutual Gains Bargaining Research terms of reference developed Research conducted Research reports drafted and published Number of capacity building programmes Deliver one (1) capacity building programme for effective negotiation Scope of capacity building programme developed Training material developed Deliver one (1) capacity building programme for effective negotiation 2 Manage conflict in the workplace Managing conflict in the workplace tools designed Adapted for South African conditions workplace mediation model designed Terms of reference developed Benchmarking and researching Adapted for South African conditions workplace mediation model designed Tool to measure and predict conflict in the workplace designed. Workplace dispute management self- assessment tool designed Workplace dispute management self-assessment tool designed 3 Transform workplace relations Best Practice transformation of workplace relations. mechanisms Transformation of workplace relations mechanisms updated with best practice Research and benchmarking conducted Transformation of workplace relations mechanisms updated with best practice 21
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Advancing good practices at work and transforming workplace relations
Collective Bargaining Improvement Processes (CBIP) conducted This process provides a structured approach for joint analysis of the wage negotiation process. It identifies issues that impact (both negatively & positively) on effectiveness and develops and implements initiatives to address them both jointly and individually. This improves effectiveness of the bargaining process. Piloted in Civil Engineering Sector A tool to measure and predict conflict in the workplace The tool provides a structured approach to monitoring the regional labour market, which in turn informs an intervention strategy that balances proactive and reactive measures. 22
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The CCMA dealt with cases in the last finical year and conducted arbitrations with only 45 awards sent to parties late In order to advance good practices at work and transform workplace relations the CCMA Building Workplace Relations Problem Solving Interventions (WRP) and Managing Conflict in The Workplace (MCW) will be reviewed and updated with best practice An innovative Workplace Negotiations Skills Training programme will be rolled out CCMA & DOL Labour Law Amendments East London Road Show (Osner Leisure Hotel) 23
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Building knowledge and skills
GOAL 1: ENHANCE AND EXTEND SERVICE DELIVERY TO TRANSFORM WORKPLACE RELATIONS AND ADVANCE DEVELOPMENT SO.3 Building knowledge and skills KPA 3.1. Developing and delivering capacity building programmes for users aligned with the needs of the labour market KPA 3.2. Professionalising the practice of labour relations 24
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Performance/ Measurement Indicator
Pg 35 SO 3 Building Knowledge and Skills KPA # Key Performance Area Performance/ Measurement Indicator Target Year 2015/16 Quarterly Outcomes Q1 Q2 Q3 Q4 1 Developing and delivering capacity building programmes for users aligned with the needs of the labour market Capacity building programmes Training manual Develop two (2) new capacity building programmes aligned with the needs of the labour market Review current CCMA workplace knowledge and skills initiatives User needs analysis conducted Design two (2) new capacity building programmes Develop two (2) new capacity building programmes 2 Professionalising the practice of labour relations % compliance with the CCMA set standard for delivery of the Labour Dispute Resolution Practice programme by contracted universities 75% compliance with the CCMA set standard for delivery of the Labour Dispute Resolution Practice programme by contracted universities 75% compliance with the CCMA set standard for delivery of the Labour Dispute Resolution Practice programme by contracted universities 75% compliance with the CCMA set standard for delivery of the Labour Dispute Resolution Practice programme by contracted universities 75% compliance with the CCMA set standard for delivery of the Labour Dispute Resolution Practice programme by contracted universities 75% compliance with the CCMA set standard for delivery of the Labour Dispute Resolution Practice programme by contracted universities Benchmarking report produced Benchmarking against best practice means to further professionalise the labour relations practice Research terms of reference developed Research and benchmarking conducted Benchmarking report on best practice means to further professionalise the labour relations practice 25
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Professionalising the practice of labour relations
A World First Partnership between CCMA, Bargaining Councils and 6 universities is delivering the Labour Dispute Resolution Practice Qualification which promotes accessibility to quality skills development across the labour market In this financial year the focus will be on further bedding down the programme and in particular ensure compliance with a stringent set of CCMA standards. 26
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GOAL 2: STRIVE FOR ORGANISATIONAL EFFECTIVNESS
SO.4 Optimising the organisation KPA 4.1. Embed a culture that facilitates implementation of the new strategic direction KPA 4.2. Utilise resources optimally KPA 4.3. Provide for continuous professional development aligned with the needs of the organisation and our people 27
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Performance / measurement Indicator
Pg SO 4 Optimising the Organisation KPA # Key Performance Area Performance / measurement Indicator Targets Year 2015/16 Quarterly Outcomes Q1 Q2 Q3 Q4 1 Embed a culture that facilitates implementation of the new strategic direction Number of initiatives conducted on the new strategy Conducted thirteen (13) national promotion initiatives on the new strategy. Conducted four (4) national promotion initiatives on the new strategy. Conducted three (3) national promotion initiatives on the new strategy. Conducted three (3) national promotion initiatives on the new strategy. Conducted thirteen (13) midterm performance roadshows Conducted thirteen (13) midterm performance roadshows 2 Utilise resources optimally % of Talent Management and Succession Plan implemented 100%of Talent Management and Succession Plan implemented 100%of Talent Management and Succession Plan implemented % of n supply chain management turnaround plan implemented 100% of supply chain management turnaround plan implemented 100% of supply chain management turnaround plan implemented 100% of supply chain management turnaround plan implemented 100% of supply chain management turnaround plan implemented % increase in income from rendering services year on year 5% increase in income from rendering services achieved year on year 5% increase in income from rendering services achieved year on year 3 Provide for continuous professional development aligned with the needs of the organisation and our people No of persons developed Facilitate specialist capacity development for enhancement of skills and competency levels for each organisational level 30 28
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Optimising the Organisation
Supply chain systems will be strengthen to ensure absolute compliance with all supply chain management standards. This is especially in light of the Cape Town lease challenges. Emphasise will be on ensuring the effective adoption of the new dti codes, new Treasury regulations and further fostering good governance practices. Review and considering innovative ways to recover costs 29
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CCMA IMPACT Intervened in 236 incidents of public interest industrial action and resolved 85.3% of these. Defended equal access for all by having successfully challenged the right for limited legal representation in arbitration CCMA & DOL Labour Law Amendments Kimberley Road Show (Protea Hotel Big Hole ) 30
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OVERVIEW OF THE BUDGET YEAR ENDING 2016 AND THE MTEF ESTIMATES
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OVERVIEW OF 2015 BUDGET AND MTEF ESTIMATES
Audited Outcome (R Thousands) Budget Medium-Term Estimate (R Thousand) 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Administration Institutional Development 13 871 17 069 30 890 50 051 53 598 57 307 61 217 Corporate Governance 1 849 1 819 3 224 2 361 2 498 2 636 2 776 Social Services Total Expense Administration includes expenditure for Operations, CMS, HRr, Facilities, Supply Chain, Finance, Internal Audit and Risk Management Unit. Institutional Development includes expenditure for Capacity Building and Outreach, Jobs Savings Unit and Opening new offices. Corporate Governance includes expenditure for the Governing Body. Social Services includes expenditure for Dispute Resolution, Labour Law Amendments, Legal Services, Mediation and Collective Bargaining. 32
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OVERVIEW OF 2015 BUDGET AND MTEF ESTIMATES
Statement of Financial Performance Audited Outcome (R Thousand) Revised Estimate Medium-Term Estimate 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Revenue Non-tax revenue 12 051 18 040 13 680 14 428 15 150 15 907 16 701 Sale of goods and services other than capital assets 2 755 2 466 2 741 Other non-tax revenue 9 296 15 574 10 939 11 673 12 395 13 152 13 946 Transfers received Total revenue Expenses Current expenses Compensation of employees Goods and services Depreciation 1 828 8 279 11 223 13 675 14 469 15 265 16 073 Total expenses Surplus/(Deficit) 32 232 (8 800) 25 621 – 33
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OVERVIEW OF 2015 BUDGET AND MTEF ESTIMATES NOTES
The budget for the financial year 2015/2016 has been informed by the CCMA SENZ’UMEHLUKO MAKING A DIFFERENCE 2015/ /20 STRATEGY. The New STRATEGY calls for realigned budget in the delivery areas of dispute prevention and management, workplace mediation and awareness raising activities in order to embed the broadened mandate . The organisational structure is under review to ensure that it supports the delivery of the new strategy. This possibly may create new vacancies and require enhancing existing support structures. 34
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UPDATE ON LABOUR LAW AMENDMENTS IMPLEMENTATION
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1105 EE cases have been referred. In summary;
The challenge is in parties lack of skills in bringing such cases Unfair discrimination and in particular sexual harassment continues despite constitutional & legislative prohibition of unfair discrimination CCMA Commissioners Indaba 2014 swearing in of Labour Law Amendments Specialist Commissioners Arbitrary Grounds and General Discrimination 634 Equal Pay for Work of Equal Value 298 Sexual Harassment 97 Colour & Race 104 Religion & Belief 15 Gender & Sexual Orientation 18 . 35
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Implementation of Employment Laws Amendments
CCMA & DOL road shows have been held nationally A broad-based muliti-platformed CCMA national communication campaign will start on the 1 April 2015
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CCMA MANAGEMENT COMMITTEE
Revolutionising Workplace Relations 37
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