New CCMA rules change electronic filing, WhatsApp notices and AI disclosures

The Commission for Conciliation, Mediation and Arbitration (CCMA) has updated its rules to better adapt to modern technology and practices. These changes, effective from 23 October 2026, introduce electronic filing for documents such as referrals for conciliation and arbitration, as well as condonation applications. Additionally, the CCMA now uses WhatsApp for sending important notices to parties involved in disputes.

A significant change involves the use of artificial intelligence (AI) during pre-arbitration conferences. Rule 20 mandates that parties must discuss and agree on the use of AI and any AI-generated information during these conferences. The CCMA stresses that AI-generated information must still comply with the usual standards of relevance, accuracy, and reliability.

Employers are encouraged to create internal guidelines for AI use in employment disputes and verify all AI-generated outputs independently before using them in proceedings.

Another amendment addresses the recording of conciliation proceedings to prevent any violations of privacy and communication laws. Rule 16 now explicitly prohibits recording these proceedings if it contravenes the Protection of Personal Information Act or the Regulation of Interception of Communications and Provision of Communication-Related Information Act. This amendment ensures that conciliation remains a private and confidential process.

The rules also provide for late objections to conciliation-arbitration proceedings under certain circumstances. If a party can demonstrate a valid reason, they can submit an objection up to seven days after the initial deadline. This flexibility acknowledges genuine situations that might prevent timely compliance. Additionally, commissioners now have the discretion to dismiss a case if the party referred the dispute fails to attend arbitration without a valid explanation.

While this decision remains at the commissioner's discretion, the affected party retains the right to apply for rescission, variation, or review to the Labour Court.