Policy on the Management of Diplomatic Immunities and Privileges ...

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DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION5.2 Process for serving a Referral Form and Provisional Awardof the CCMA on Missions and persons conferred withimmunityApplication ofprocessThe following processes should be applied to Missions as well as personsconferred with full diplomatic immunity when serving the referral document(“the referral form”) in terms of which the dispute is referred to the CCMA:(a) Step 1: Referral of the dispute to the CCMAThe complainant should refer the dispute directly to the CCMA using theprescribed form customised by the CCMA for persons employed by Missionsin the RSA, indicating the nature of the dispute as envisaged by the applicablelabour legislation without, at this stage, having to submit proof that thereferral form has been served on the Mission.(b)Step 2: Statement on the DisputeCCMA shall take down a statement from the complainant and submit it to theDepartment with the referral form in the prescribed formatting to be presentedto the Mission.Page 86 of 90
DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION(c) Step 3: Serving of the referral form on the MissionThe Department through its Directorate: Immunities and Privileges willensure that the referral form with the statement is properly served on theMission, subsequent to discussions with the relevant bilateral/multilateralbusiness unit, within a set timeframe to institute proceedings.(d)Step 4: Protocol puts diplomatic pressure on the MissionUpon receipt of the referral form from the CCMA, the Director: Immunitiesand Privileges in consultation with the relevant bilateral/multilateralcounterpart of the Department shall call in the Deputy Head of the relevantMission for consultations and present a Diplomatic Note containing thereferral form and the statement of the complainant.In the Diplomatic Note, Protocol shall formally bring the dispute to theattention of the Mission with a request to do everything reasonably possible toresolve the dispute in compliance with the law, and set a timeframe forresolving the matter. The CCMA and the relevant bilateral/multilateralbusiness units will be kept informed.In the event of non-compliance by the Mission, the matter will be escalated tothe Chief of State Protocol when a second and final Note Verbale is handedover personally to the Head of the Mission.Page 87 of 90
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