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 70 000 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.

    In order to protect clients and to try and prevent spam and unsolicited mail, we are making use of a double opt in method.

    Please check your inbox, including “spam” box for a mail from our server after subscribing, unfortunately the system will not send any newsletters without confirmation.  

    Android App On Google Play

    Courses and Workshops

    Employment Equity Committee Training

    07 August 2015 (Fully Booked)

    Emperors Palace: Convention Centre

    20 August 2015

    Emperors Palace: Convention Centre

    The OHS Act and the Responsibilities of Management

    07 August 2015

    Emperors Palace: Convention Centre

    18 September 2015

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

    01 October 2015

    Southern Sun: Elangeni & Maharani, Maharani Towers: Durban

    Occupational injuries and diseases in the workplace

    18 August 2015

    Emperors Palace: Convention Centre

    21 August 2015

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

    30 September 2015

    Southern Sun: Elangeni & Maharani, Maharani Towers: Durban

    Health and Safety Representative Course

    20 August 2015

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

    02 October 2015

    Southern Sun: Elangeni & Maharani, Maharani Towers: Durban

    Workshop Chairing Disciplinary Hearings

    27 & 28 August 2015

    Southern Sun: OR Tambo International Airport

    Basic Labour Relations

    28 August 2015

    Emperors Palace: Convention Centre

    02 September 2015

    Ratanga Junction: Century City: Cape Town

    Retrenchments

    03 September 2015

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

    Trade unions in the workplace

    04 September 2015

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

    11 September 2015

    Emperors Palace: Convention Centre

    Workshop Incident/Accident Investigation Course

    10 September 2015

    Emperors Palace: Convention Centre

    17 September 2015

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

     

    DVD: How to Deal with Retrenchments

    DVD: How to deal with Retrenchments is now available.

    Click here for more information or to watch a preview.