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CCMA: Amended Rules and LRA Forms
- 11 May 2023
- Accounting
- South African Accounting Academy
The CCMA is empowered by section 115 of the Labour Relations Act 66 of 1995 (the LRA) to at least every second year, review any Rules made in terms of s115 of the LRA and make Rules to regulate amongst others, the items listed in section 115 subsection (2A).
The amendments also serve to ensure alignment to key case law, any practice and procedure changes within the CCMA and to ensure compliance with the Protection of Personal Information Act 4 of 2013 (POPIA).
Some of the amendments are highlighted below:
- Compliance with data protection legislation
- Modes of service and filing
- Condonation
- Postponements
- Picketing rules
- Removal of cheques as an accepted form of payment
- Referring party not attending arbitration
- Request for documents
The process was a culmination of extensive research and thorough consultation with key stakeholders, such as the CCMA Governing Body, CCMA Commissioners and the Rules Task Team.
Click here to download the Amended Rules and Forms:
- Rules: https://www.gov.za/sites/default/files/gcis_document/202304/48445rg11574gon3318.pdf
- LRA Forms: https://www.gov.za/sites/default/files/gcis_document/202304/48445rg11574gon3317.pdf
Relevance to Auditors, Independent Reviewers & Accountants:
- The Labour Relations Act is yet another piece of legislation that your clients must comply with, and which you must assess compliance with. If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.
- As an auditor, independent reviewer and accoutant, you need to consider whether your clients have conducted their affairs in accordance with the latest CCMA Rules, where applicable.
- As an employer, you also need to comply with the Labour Relations Act in your workplace.
Relevance to Your clients:
- An entity (company or close corporation) has a duty to comply with the Labour Relations Act, and conduct their affairs in accordance with the latest CCMA Rules, where applicable.
- An employer has a duty to comply with the Labour Relations Act
To stay current with all the latest changes and updates subscribe to our Monthly Compliance and Legislative Update series for R 250.00 per month. This gives you access to a monthly 2-hour webinar and monthly newsletter:
https://accountingacademy.co.za/profession/monthly-legislation-update
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https://cpd.accountingacademy.co.za.