The Rules for the Conduct of Proceedings before the Commission for Conciliation Mediation and Arbitration were amended with effect from 23 October 2026 and introduce a number of procedural amendments.
The amendments seek to modernise and clarify practice and procedure, strengthen procedural certainty and align dispute-resolution processes with legislation, case law, technology and current practice.
Snapshot of amendments
- Electronic filing with the CCMA is not confined to working hours on business days and can be done at any time, on any day.
- There is an express prohibition against recording conciliation proceedings.
- The CCMA, including a designated and trained staff member, may contact the parties before conciliation to try to settle the dispute.
- A member of a party’s registered trade union or employers’ organisation can only represent a party in conciliation if authorised by such organisation.
- The pre-arbitration minutes must disclose the use of AI and AI-generated information, and the nature and extent of that use.
- It is mandatory for a union to attach its written notice to the employer and its certificate of registration in section 21 organisational rights disputes.
- A party who is not cited in the referral form cannot simply be joined. The applicant must first serve and file a referral form on that party (and apply for condonation if this is done late).
- If the applicant fails to attend, the commissioner must establish the reasons for the applicant’s absence. The matter is rescheduled if there is a good reason. If the absence is wilful or unexplained, the matter may be dismissed.
- The fee in respect of an enquiry in terms of section 188A of the Labour Relations Act must be paid by the employer, irrespective of who requested the inquiry.
If you require further information, please contact Melanie Hart at melanie@bv-inc.co.za.
Disclaimer: This article is provided for informational purposes only and is not intended to serve as legal advice. Readers should consult one of our legal professionals for advice tailored to their specific circumstances.