CCMA to adjudicate on salary dispute with its employees

Commission for Conciliation, Mediation and Arbitration (CCMA) staff are hauling their employer before the labour dispute resolution body over a salary dispute.

In January, employees, through their union, the Commission Staff Association (CSA), made several demands for the 2023/2024 financial year. They included a 12% salary increase across the board, to be paid as of April 1, non-pensionable medical aid allowance to be increased by 50%, and a housing allowance of R2,500 per month.

The union also wants the CCMA to “contribute an additional 50% to our members’ provident fund. This is to be in addition to the contribution our members are already making,” it said in its demands set out in documents putting forward their case.

“The travel claim tariffs must be R5 per km. The employer must grant a guaranteed bonus, equivalent to 11% of [annual cost to company].”

The CSA demanded that the CCMA recognise “long-serving employees in the form of compensation or increased annual leave days. Employees on 10 years’ service to be paid 3% once-off, 15 years 5% once-off, 20 years 7% once-off”.

The union also wants an “acting allowance to be made payable for staff non-managerial positions”.

Forfeiture of leave was another issue in dispute. The CSA argued that an “employee should not be required to take or forfeit their annual leave without being given an opportunity to apply for the same in advance on or before the expiry six months after the completion of their annual leave cycle”.

“An employee who qualified for any amount payable to employees in the bargaining unit as per the collective agreement must be paid such amount on a pro-rata basis should such employee leave the employ of the CCMA prior to the payment date of the amount concerned,” the CSA demanded.  

The negotiations deadlocked this month after the CCMA did not acquiesce to most of the demands. In its response to the union, the CCMA said it was still considering the call for a 12% salary increase in addition to an increase in the non-pensionable medical aid allowance.

“No estimated date of completion of this exercise was provided,” the commission said in responding documents.

Its response on the housing allowance read: “At this stage, the CCMA cannot afford the demand.”

The CCMA said the demand to increase its contribution to the employee’s provident fund was not financially feasible, nor were performance-based salary adjustments.

“This demand cannot be divorced from what employees are earning as part of their total cost to company. The budget does not allow for such currently. The payment of the bonus is dealt with as per the director’s prerogative and discretion,” it told the union.

“If negotiations were finalised before the new financial year, it might have been possible to look at this using the reserves. At this stage the CCMA cannot afford the demand.”

The commission also put the brakes on the travel claims tariffs demand. “The CCMA is engaging in a process to deal with the issue of tariffs,” the CCMA told the union, requesting that they park the issue pending the finalisation of the ongoing process as announced by the office of the director.

The union’s demand for a guaranteed bonus equivalent to 11% of the employees’ annual cost to the company was rejected.

The union was dealt another blow regarding its demands for incentives for long-serving employees. “The CCMA says though it acknowledges that it is a good thing to recognise those that have served the institution for a longer period, unfortunately it does not have a budget for this demand.”

The CSA’s demand that employees not forfeit accrued annual leave also did not yield a favourable outcome.

“This is viewed as a debt/liability in the employer’s books and it has a financial implication. CCMA said the issue of six months is meant to be in compliance with the provisions of the BCEA [Basic Conditions of Employment Act]. Explaining that the forfeiture is not meant to punish any employee but to safeguard that the institution is not being accused of overworking its employees,” the commission said.  

The CSA then lodged a dispute. The matter has been set down for conciliation at the CCMA’s head office in Johannesburg on May 5.

The union said: “It seems clear that the struggle is far from over even in an institution that ought to be the custodian of sound labour relations and the achievement of labour peace.”

Advocate Cameron Morajane said the union “has referred a dispute while both parties were still engaging in negotiations”.

“The CCMA is still committed to negotiating with the CSA on the demands tabled,” said Morajane.

“As an employer, the CCMA will adhere to the principles of negotiating and remains resolute to engage in good faith.”

TimesLIVE

Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.