Across the world, countries have started transforming their judicial systems, including within the labour arena, as the speed and costs savings online hearings offer enhance the resolution of disputes and cut down on significant costs.

This ranges from prisons having online processes from the comfort of the prison, doing away with the transport and cost and risk of moving prisoners to and from court, through to complex contractual and employment disputes where expert witnesses testify from foreign countries or another far away province in SA where they happen to be located on the date of the arbitration.

A quick link via a cell phone and a witness is online, gives evidence and on his or her way.

This move to online has also given greater access to all those involved, without having to travel to the nearest town for in person assistance and attendance at the CCMA.

This trend has seen its greatest usage in the CCMA and bargaining Councils, and most recently an amendment to the Labour Court rules to permit Court hearings to be heard online.

The CCMA have been moving for quite some time to digitize their service offering which started with the process of online referrals, a move to the amendment of the CCMA Rules creating virtual hearings as one of the offered forum to now the brand new and attached Online Directive.

The New CCMA Directive

The CCMA have issued the attached directive indicating its preference for online hearings in line with its strategic directives.

This means that where parties have access to wi-fi or cell signals, the CCMA will set matters down for online hearings, most especially arbitrations and in limine processes, although we have found the CCMA setting down conciliations too, as these are quick and don’t justify a long travel as they either settle quickly or if not are headed for arbitration.

At Macgregor Erasmus we have been at the forefront of these online hearings having undertaken online disciplinary hearings chaired from  2018 and obviously with the advent of Covid and the changes that have taken place, and are engaged in a constant host of hearings both within the CCMA,  the Bargaining Council, the Labour Court and various other forums, not to mention the ease of reference and the consulting with witnesses and clients within South Africa, SADC into Africa and the US, Europe, India and beyond.

Please note that these applications need to be made 14 days before the hearing although condonation may be applied for and the same applies for objections.

Costs and time savings

The costs and time savings are monumental in that whether it be the savings on a local trip to the CCMA for the representatives, and witnesses including parking and the travel and time, or the costs of a flight to another province are obvious.   

This then coupled with saving operational time of witnesses who can sit in their offices and be called in as and when required speaks the loudest as there is no loss in work time, other than the time spent online.

We have seen a marked reduction in postponements where witnesses are either away on leave, out of the country and are now able to testify without having to travel back during their leave at enormous expense and simply provided they have access to a cell phone and a reasonable network are available to testify.

Ability to get to the point

Online hearings seem to encourage all parties to get to the point, avoid unnecessary mini-breaks or extended lunches, and are remarkable in noting nonverbal cues, as the camera process online, picks up facial expressions in minute detail.

Training

With reference to the large amount of experience we have gained over the last 5 years in conducting online arbitrations, court applications and processes, we offer training to train our clients and their IR/HR teams in conducting arbitrations online including in dealing with witnesses, sharing documents online and understanding what an arbitrator is looking for.

Welcome to the new age of dispute resolution.

Please feel free to contact us should you have any queries

 

Download the CCMA’s Online Hearing Services Info Sheet