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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

Courses and Workshops

 

                                         

 
 

Compensation for Occupational Injuries and Diseases Course

27 June 2019

Southern Sun: Elangeni:Durban

04 July 2019 (Fully Booked)

Protea Hotel By Marriott Tyger Valley: Cape Town

15 August 2019

Emperors Palace: Convention Centre

22 August 2019

Tsogo Sun: Century City: Cape Town

Employment Equity Committee Training

28 June 2019

Emperors Palace: Convention Centre

Basic Labour Relations

05 July 2019

Emperors Palace: Convention Centre

Managing Day to Day Issues/ Problem Employees Full day workshop

18 July 2019

Emperors Palace: Convention Centre

26 July 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

Trade unions in the workplace

19 July 2019

Emperors Palace: Convention Centre

Health and Safety Representative Course

24 July 2019

Emperors Palace: Convention Centre

01 August 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

The OHS Act and the Responsibilities of Management

25 July 2019

Emperors Palace: Convention Centre

02 August 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

Workshop Chairing Disciplinary Hearings

31 July 2019 & 01 August 2019

Emperors Palace: Convention Centre

Workplace Discipline and Dismissal

16 August 2019

Emperors Palace: Convention Centre

 

 

 

 

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