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The LRA now gives the CCMA power to intervene in strikes. Here's how this affects you

by , 04 February 2015
Thanks to changes in the LRA, the CCMA now has the power to arbitrate when it comes to strike action.

It's important you know the new found powers of the CCMA if you have employees who belong to unions.

Keep reading as we explain how this change affects your company.


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The CCMA has the power to arbitrate in strikes, says the LRA

 
The CCMA will now arbitrate in long, drawn out strikes. And it doesn't need your approval to do so.
 
In a Moneyweb report, Director of the CCMA, Nerine Kahn says: 'In the past the CCMA could only intervene with the consent of affected parties. And this has effectively left parties to resolve disputes without the CCMA's intervention.' And this led to criticism that the CCMA doesn't step in on time when it comes to labour disputes.
 
She says the law now gives 'the director of the CCMA in consultation with stakeholders in that sector [power] to try force the parties into some kind of mediation.'
 
If this doesn't work, the CCMA will use its power to bring you and the union back to the negotiating table.
 
This means a situation, like the one we saw last year when Lonmin workers went on a five-month long strike, could be a thing of the past. If you can't find a solution with your workers' union, the CCMA will step in whether you like it or not now that there aren't any restrictions. And you must listen to it.
 

Unlike other changes to the LRA, this change is good news for your company

 
'We have deep-rooted fundamental issues and the CCMA can go a long way to get to grips with problems in collective bargaining,' says Johan Botes, director of employment practice at Cliffe Dekker Hofmeyr in the report.
 
He adds, 'with the CCMA's powers we may see less matters ending up in a strike.'
This can only be good news for you as you'll have fewer disruptions in your workplace.
 
Now that you know about the CCMA's new powers, comply with it when it wants to arbitrate during strikes
 
PS:  Join our labour law expert, LizleLouw,for a half-day workshop on the 20th of February 2015 where she'll explain the recent changes to Labour Relations Amendment Act in detail. Book your seat to stay compliant

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