The CCMA is South Africa’s Commission for Conciliation Mediation and Arbitration , an independent body that resolves workplace disputes.
How Does The CCMA Help You
CCMA helps you as an employee and employer settle unfair dismissals , unfair labor practices , and discrimination through processes like Conciliation, mediation and arbitration
What Does Arbitration Mean?
Arbitration is a formal process where a commissioner hears evidence and arguments from both sides ad then makes final, binding decision.
When Should I Take My Employer T o CCMA?
The Labour Relations Act (LRA) , states that unfair dismissal disputes need to be referred to the CCMA within ( 30 )days of the date of dismissal.
If the dispute relates to an unfair labour practice, it must be referred to the CCMA within the 90 days from the date on which the dispute arose.
If either party believe they have been discriminated against, then it must be referred to the CCMA within 6 Months from the date of dispute arose.
N.B The 30-90 days include weekends and public holidays.
What Are 5 Examples Of Serious Misconduct?
1. Sexual Harassment
2. Fraud
3. Theft
4. Assault
5. Causing serious risk to the health and safety of another person or to the reputation or profits of their employers business.
Disputes That May Not Be Referred To The CCMA
Disputes over non -payment of salaries or wages must be referred to the Department of Labour.
Disputes covered by collective agreements , Bargaining Council or a private dispute resolution body.
Disputes involving independent contractors. The CCMA only covers employees as defined in the Labour Relations Act above.
Disputes regarding large scale retrenchment are not arbitrated by the CCMA , but are conciliated then referred to the Labour Court if no settlement is reached at conciliation. However , in cases where only one employee is retrenched , he or she can elect to have the dispute arbitrated by the CCMA, or to refer it to the Labour Court.
When To Refer A Dispute .
- Unfair dismissal: If you were dismissed from your job in a manner that breaches labour laws, the CCMA can assist in resolving the issue.
- Unfair labour practice: This includes disputes about working conditions, promotions, and other workplace rights.
- Discrimination: If you were discriminated against based on race, gender, or other protected characteristics, the CCMA can help you address these concerns.
How To Refer A Dispute
- If you want to refer a dispute you will be required to complete a CCMA case referral form (LRA Form 7.11) and email, fax, post per registered mail or hand deliver the form to your employer.
- Once delivered, you must send the completed form and proof that it has been delivered to the employer to the CCMA by email, fax, or hand.
- The CCMA will then contact you and the other party within 30 days of the referral and inform you of the date, time and venue of the first hearing, namely conciliation.
- Parties may not be represented by a legal representation at conciliation. However, representation by a registered trade union or registered employers’ organisation is allowed.
- During conciliation the CCMA Commissioner will attempt to assist the parties to resolve the dispute by reaching an agreement mutually acceptable to both, failing which a certificate of no-outcome is issued.
- The matter can then be referred to arbitration or the Labour Court depending on the type of dispute. If you want to refer a dispute for arbitration you will be required to complete a CCMA case referral form (LRA Form 7.13) within 90 days of the certificate being issued.
- The types of conciliation settlements include financial, reinstatement, reference settlements or a withdrawal of the case.
- If the dismissal occurred while the employee was on probation, then “con/arb” is mandatory. This means the matter will be conciliated and arbitrated on the same day. For more info visit this
N.B In South Africa you can sue your employer for stress and anxiety , you must be able to prove the stress that led to to diagnosed psychiatric injury like depression or an anxiety disorder , and that the employer's actions were direct cause. Legal Options include a civil claim for damages under delictual law, constructive dismissal under the Labour Relations Act, discrimination claims under the Employment Equity Act, or a Compensation for Occupational Injuries and Diseases Act (COIDA) . A successful case requires strong medical evidence and proof that the employer's conduct made continued employment intolerable or was negligent.
