CCMA Rules Including Rules Of Various Courts – 4th Edition

Content

The publication firstly consists of a detailed analysis of all the CCMA rules. Secondly, it also deals with some of the most important legal issues governing the rules regulating conduct in the labour and labour appeals courts. Lastly, similar and appropriate rules of the uniform rules of court, as well as the rules of the magistrates' courts also receive extensive attention.

Recent Development

Within six months after the publication of the third edition, the following came into operation, which necessitated the writing of this edition:

(a) the Labour Relations Amendment Act 8 of 2018;
(b) the National Minimum Wage Act 9 of 2018;
(c) the Basic Conditions of Employment Amendment Act 7 of 2018;
(d) Picketing Regulations issued in terms of s28 of the LRA;
(e) Guidelines issued on Balloting for Strikes or Lockouts in terms of s95(9) of the LRA;
(f) Regulations to the National Minimum Wage Act;
(g) Rules for the Conduct of Proceedings before the CCMA, effective from 1 January 2019;
(h) the Code of Good Practice: Collective Bargaining, Industrial Action and Picketing; and
(i) various amended and newly-drafted forms to be utilised by the CCMA and its users.

Format

The author adopted the following format in order to provide practitioners and learners with a structured approach to the vast mass of material:

• the exposition of each rule as it existed before 1 April 2015 was maintained, seeing that such ‘history’, in various instances, provides insight as to the rationale for subsequent changes
• in the circumstances where a rule or sub-rule was not amended from 1 January 2019, the previous exposition and analysis applicable from 1 April 2015 was maintained, but, where applicable, statutory amendments and cross-references to such rules have been incorporated
• in the scenario where a rule or sub-rule was amended from 1 January 2019, the previous position is reflected as ‘The rule from 1 April 2015 to 31 December 2018’ and the exposition and analysis of same has been maintained as well as the identification of relevant case law
• any amendments and/or insertions of a rule or sub-rule applicable from 1 January 2019 have specifically been identified, analysed and, where applicable, cross-references have been made to statutory amendments as well as amendments and/or insertions to other applicable CCMA rules
• the comprehensive cross-references made to similar provisions in courts of law (the labour court, labour appeal court, high court and magistrates’ courts) have been maintained

Ease Of Use

Ease of use is achieved by means of:

• various guidelines
• the utilisation of diagrams
• an up-to-date table of cases
• the inclusion of relevant prescribed forms
• comprehensive tables referencing the various rules
• a detailed table of the primary statutes as well as other statutes and statutory provisions
• an index comprising more than 30 pages