CCMA Information
  • Workplace Discipline
  • Contracts of Employment
  • Breaking News

    



    Click on title to open

    Please note that this is not the Commission for Conciliation, Mediation and Arbitration (CCMA), you may find the CCMA on www.ccma.org.za The South African Labour Guide is a private company and has no association with the Commission for Conciliation, Mediation and Arbitration (CCMA).

     
     

    Steps for referring disputes at the CCMA

    Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA)



    Step 1: If you have a labour problem, it is very important that you take steps immediately. In the case of an unfair dismissal dispute, you have only 30 days from the date on which the dispute arose to open a case. With discrimination cases, you have six months. If you have decided to lodge a dispute, you need to complete a CCMA case referral form, also known as a LRA Form 7.11. These forms are available from the CCMA offices, DOL offices and the CCMA website. (http://www.ccma.org.za).



    Step 3: Once you have completed the form, you need to ensure that a copy is delivered to the other party. You must be able to prove that they received a copy. Acceptable methods include faxing a copy (keep the fax transmission slip), sending it by registered mail (keep the postal receipt), send it by courier (keep proof) or deliver in person (ask the person receiving it to sign for it).



    Step 4: You do not need to bring the referral form to the CCMA in person. You may also fax the form or post it. Make sure that a copy of the proof that the form had been served on the other party is also enclosed.



    Step 5: The CCMA will inform both parties as to the date, time and venue of the first hearing.



    Step 6: Usually the first meeting is called a conciliation hearing. Only the parties, trade union or employer organisation representatives (if a party to the dispute is a member) and the CCMA Commissioner will attend. The purpose of the hearing is to reach an agreement acceptable to both parties. Legal representation is not allowed.



    Step 7: If no agreement is reached, the Commissioner will issue a certificate to that effect. Depending on the nature of the dispute, the case may be referred to the CCMA arbitration or the Labour Court as a further step.



    Step 8: In order to have an arbitration hearing, you have to complete a request for arbitration form, also called a LRA Form 7.13. A copy must be served on the other party (same as in step 3). Arbitration should be applied for within three months from the date on which the Commissioner issued the certificate.



    Step 9: Arbitration is a more formal process and evidence, including witnesses and documents, may be necessary to prove your case. Parties may cross -examine each other. Legal representation may be allowed. The commissioner will make a final and binding decision, called an arbitration award, within 14 days.



    Step 10: If a party does not comply with the arbitration award, it may be made and order of the Labour Court.



    Disputes



    If you are an employee in dispute with your employer, or vice versa, over a matter such as:

    • Dismissal;
    • Wages and working conditions;
    • Workplace changes;
    • Or discrimination


    You may want to ask the CCMA to conciliate or even arbitrate your dispute. 
    A union or employers' organisation may also initiate this action. You do not need the other party's consent before taking a matter to the CCMA

    Newsletter Signup

    Join more than 62 000 subscribers by simply entering your email address in the text area. Subscription to the newsletter is free of charge, you will be able to unsubscribe anytime without any obligation.

    Courses and Workshops

    Construction Regulations Course

    23 April 2014

    Southern Sun: OR Tambo International Airport

    20 May 2014

    Southern Sun: Century City(Canal Walk): Cape Town

    04 June 2014

    Southern Sun: OR Tambo International Airport

    Employment Equity Committee Training

    25 April 2014

    Southern Sun: OR Tambo International Airport

    05 June 2014

    Southern Sun: Century City(Canal Walk): Cape Town(Fully Booked)

    06 June 2014

    Southern Sun: Century City(Canal Walk): Cape Town

    Managing Day to Day Issues/ Problem Employees

    06 June 2014

    Southern Sun: OR Tambo International Airport

    How to win an unfair dismissal case at the CCMA/ Bargaining Council

    14, 15 & 16 May 2014

    Southern Sun: OR Tambo International Airport

    Health and Safety Representative Course

    21 May 2014

    Southern Sun: Century City (Canal Walk): Cape Town

    05 June 2014

    Southern Sun: OR Tambo International Airport

    Occupational injuries and diseases in the workplace

    22 May 2014

    Southern Sun: Century City(Canal Walk): Cape town

    Policies & Procedures

    22 May 2014

    Southern Sun: OR Tambo International Airport

    Basic Labour Relations

     23 May 2014

     Southern Sun: OR Tambo International Airport

    04 June 2014

    Southern Sun: Century City(Canal Walk): Cape town

    The OHS Act and the Responsibilities of Management

    23 May 2014

    Southern Sun: Century City (Canal Walk): Cape Town

    11 June 2014

    Southern Sun: OR Tambo International Airport

    Incident\Accident Investigation

    28 May 2014

    Southern Sun: OR Tambo International Airport

    25 June 2014

    Southern Sun: Century City (Canal Walk): Cape Town

    Hazard Identification & Risk Assessment

    30 May 2014

    Southern Sun: OR Tambo International Airport

    26 June 2014

    Southern Sun: Century City (Canal Walk): Cape Town

    Chairing Disciplinary Hearings

    12 & 13 June 2014

    Southern Sun: OR Tambo International Airport