When it’s Appropriate to go to the CCMA

go to the CCMA

The Commission for Conciliation, Mediation and Arbitration (CCMA) is an independent body established by law in South Africa to carry out a range of workplace dispute resolution and prevention functions. The organisation is open to use by both employers and employees in dispute.

Although there are many disputes that occur within workplaces across South Africa, not all of them qualify for resolution by the CCMA. Before approaching the CCMA, it’s important to consider the following:

Attempt to settle the dispute using internal company procedures.

Ensure that legal requirements are met.

Determine the strength of the dispute before-hand. If you are in doubt, approach and ask a university law clinic for advice.

Matters that the CCMA handle (among others) include the likes of:

  • Freedom of association
  • Collective agreements
  • Mutual trust issues
  • Unfair dismissals
  • Unfair labour practices
  • Unfair discrimination

How does it work?

The completed CCMA referral form must first be sent to the other party. You then need to attach proof that you have sent the referral form to the documents you send to the CCMA. On receipt of the case, the CCMA will schedule a hearing date and both parties will be advised of the hearing date in writing.

In cases of dismissal, you need to complete the forms and refer the dispute within 30 days of dismissal. With unfair labour practice, make sure you refer the dispute to the CCMA within 90 days.

If you’d like to contact the CCMA, you can call 0861 16 16 16 or email info@ccma.org.za.

Visit their website here: www.ccma.org.za

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