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Get the
power of the CCMA behind you
Lack of
awareness or understanding of the Commission for Conciliation, Mediation and
Arbitration and its processes can deny the public use of the accessible and low
cost service the commission renders and may cause some frustration.
The CCMA is an independent body established by law to carry out a range of
workplace dispute resolution and prevention functions. The commission's
communications division sent us this basic step-by-step guide on how to refer
disputes.
The CCMA is open to use by both employees and employers in dispute (disputes can
also be referred by unions or employer organisations) over matters such as:
·
Freedom of
association;
·
Organisational
rights;
·
Collective
agreements;
·
Mutual interest
issues;
·
Unfair
dismissals;
·
Unfair labour
practices; and
·
Unfair
discrimination.
Before referring a dispute to the CCMA:
Parties
need to attempt to settle the dispute on their own by following and completing
all internal company procedures aimed at resolving workplace disputes;
Ensure
that all the legal requirements are met;
Parties
are also encouraged to determine the strengths of the case before referring the
dispute to the CCMA if it is a dismissal dispute, to avoid referring cases that
have no strengths. This can be done by discussing the matter with a union
official or asking a university law clinic for advice;
Consider
whether the dispute falls under the CCMA's jurisdiction and refer it
appropriately.
Examples of issues not covered by the CCMA are disputes over non-payment of
salaries/wages (handled by the department of labour); disputes covered by
collective agreements and disputes covered by a bargaining council or a private
dispute resolution body; disputes involving independent contractors - the CCMA
only covers employees as defined in the LRA.
If it is a dismissal dispute, make sure you complete the required forms and
refer your dispute to the CCMA for conciliation within 30 days of the date of
dismissal or, if it is a later date, within 30 days of the employer finally
deciding to dismiss you or uphold your dismissal.
If it is an unfair labour practice dispute, refer your dispute to the CCMA
within 90 days of the unfair labour practice or within 90 days of you becoming
aware of what you believe is an unfair labour practice.
The 30 or 90 days are calculated by counting all days, including weekends and
public holidays. Ensure that you refer your case in time.
Complete and serve the CCMA referral form (LRA 7.11) correctly. You may ask your
nearest CCMA office or employers' organisation to help you complete the form.
How to serve and file the CCMA referral form:
The completed CCMA referral form must first be sent to the other party. This can
be done by handing a copy of the form to the other party; by faxing the form to
the other party; or by sending a copy of the form to the address of the other
party by registered mail.
When filing the referral form with the CCMA, proof that you have sent the form
to the other party must be attached. This proof can consist of a copy of the
receipt signed by or on behalf of the other party, which must include the name
and title of the person who received the form and the place, time and date of
receipt (if it was hand delivered).
When the notice is faxed a copy of the fax transmission report showing that all
the pages of the form were faxed to the other party can be used. If sent by
registered post a copy of the registered mail slip is sufficient proof.
On receipt of the case the CCMA will schedule a hearing date and both parties
will be advised of the hearing date in writing.
The CCMA can contacted on 0861-16-16-16 or
ho@ccma.org.za
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Our thanks
to the Star newspaper for permission to publish this article. For more
information contact
www.iol.co.za
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