What is the CCMA?

The Commission for Conciliation, Mediation and Arbitration (CCMA) plays a crucial role in South Africa’s labour relations landscape. Established under the Labour Relations Act 66 of 1995 (LRA), the CCMA is an independent dispute resolution body that helps employers and employees resolve workplace disputes fairly, speedily and cost-effectively.

Roles and Responsibilities of the CCMA

Some of the key roles of the CCMA have been highlighted below:

• Dispute Resolution

  Assisting in disputes relating to unfair dismissals, wages, and unfair labour practices.

• Advisory Services

  Offering advice to employers, employees, and trade unions on labour-related issues.

• Collective Bargaining Assistance

  Assisting parties in reaching agreements in wage negotiations and disputes.

• Industrial Action Monitoring

  Ensuring that strikes and lockouts comply with the law.

Types of Cases the CCMA Handles

• Unfair dismissals

• Unfair labour practices

• Retrenchments

• Organisational rights disputes

• Discrimination in the workplace

• Non-payment of salaries or benefits

Understanding the types of cases the CCMA handles can help employers and employees navigate workplace disputes effectively.

What Does the CCMA Stand For?

CCMA stands for the Commission for Conciliation, Mediation and Arbitration. The acronym describes the three most common functions of the CCMA:

• Conciliation

• Mediation

• Arbitration

Understanding the CCMA’s Core Functions: Conciliation, Mediation, and Arbitration Explained

• Conciliation

  When a matter is brought before the CCMA, the first step is conciliation. During this process, a commissioner assists both the employer and employee in attempting to reach a settlement. If they agree on an outcome, they settle and then the matter is resolved.

• Mediation

  Mediation creates an opportunity for a neutral third party, the commissioner, to assist in negotiating a settlement. This is often necessary as the parties might approach the settlement negotiations with misinformation or a lack of understanding of the applicable labour law. The conciliation and mediation processes are often intertwined.

• Arbitration

  If conciliation or mediation is not successful, the matter proceeds to arbitration where both parties present their evidence to the commissioner, either by witness testimonies or documentary evidence. The commissioner, after hearing both parties’ submissions, makes a decision in the form of an award. This award can be certified and made an order of the Labour Court, which can then be enforced by the sheriff.

Key CCMA Rules You Need to Know

The processes under the protection of the CCMA are governed by rules contained in the LRA.

Although all the CCMA rules are important, the most frequently used rules have been summarised below. Click here to access the complete CCMA Rules

• Rule 3 of the CCMA: Time Periods

  
  

  For the purposes of calculating any time period in the rules, a day means a calendar day (Saturdays, Sundays and public holidays included) with the first day excluded and the last day included in the calculation.

  
  

  If the last day should fall on a Saturday, Sunday or public holiday, it will be extended to the first working day following these days

  
  

• Rule 9 of the CCMA: Condonation

  
  

  When a document is filed outside the applicable time periods, an application for condonation needs to be filed for the CCMA to condone such late filing. A condonation application is essentially a request to the CCMA to excuse the late filing of the document in question.

  
  

  The Condonation Application must include:

  
  

  • Degree of Lateness:

    How many days was the document filed outside the allowed time period?

  • Reasons for Lateness:

    Why was the document filed outside the allowed time period?

  • Prospects of Success:

    Is there, at first glance, a reasonable possibility that the CCMA may find in favour of the party bringing the condonation application, should the main dispute be heard by the CCMA?

  • Prejudice to the Other Party:

    How will the granting of the condonation affect the other party?

  • Any Other Relevant Factor:

    Additional considerations that may impact the decision.

• Rule 17 of the CCMA: Con/Arb

  
  

  The CCMA may set the matter down for Con/Arb – meaning arbitration will follow directly if conciliation is unsuccessful, and there is no need for the applicant (the party who referred the dispute) to request that the matter should be set down for arbitration on a later date.

  
  

  Any party may object to the Con/Arb process at least 7 days prior to the scheduled date, unless the dispute relates to a dismissal or unfair labour practice relating to probation, a dispute relating to a compliance order or claims for failure to pay any amount owing.

  
  

  The result of the objection is that the conciliation and arbitration will automatically be split into two separate processes and the CCMA has no discretion in this regard.

  
  

  If there is no objection, the arbitration will commence directly after conciliation, even if one of the parties is absent.

  
  

• Rule 23 of the CCMA: Postponement of Arbitrations

  
  

  No party has a guaranteed right to postponement and the arbitration will proceed, even in the absence of one of the parties, unless the CCMA notifies the parties that the matter has been postponed or if it appears that a party was not notified of the date and time of the arbitration.

  
  

  An arbitration must be postponed if the CCMA is satisfied that both parties confirmed in writing that the matter should be postponed at least 7 days prior to the scheduled date, or may be postponed, by application for postponement by either party, at least 14 days prior to the scheduled date.

  
  

• Rule 25 of the CCMA: Representation

  
  

  In conciliation:

  A party may represent themselves or if such a party is a member of a trade union or employers’ organisation, by an official of such trade union or employers’ organisation. No legal representation is permitted during conciliations, unless technical legal points are to be argued.

  
  

  A trade union is an organisation that has been established to represent and protect the interest of employees while employers’ associations represent employers.

  
  

  In arbitration:

  The persons mentioned in conciliations above may also represent the parties in arbitrations. Legal representatives (attorneys and candidate attorneys) may represent their clients in all matters, however, in cases where the matter deals with the fairness of a dismissal relating to the employee’s conduct or capacity, compliance orders or monies owing, such legal representative will either need consent from the other party and the commissioner or bring an application for representation.

  
  

  The application will need to address:

  
  

  1. Nature of the Legal Questions in the Dispute

  2. Complexity of the Dispute

  3. Public Interest

  4. Comparative Ability of the Opposing Parties or Their Representatives

  
  

  It is then the discretion of the commissioner to allow or deny legal representation.

  
  

• Rule 31 of the CCMA: Applications

  
  

  Applications for condonation, joinder, substitution, variation, jurisdictional issues or any other technical issues must be brought at least 14 days prior to the date of the hearing. All persons who have an interest in the application must receive a copy of the application.

  
  

  Requirements for the Application

  
  

  • Title of the Matter

    The name or title of the case or dispute.

  • Case Number

    The unique identifier assigned to the case by the CCMA.

  • Relief Sought

    The specific outcome or remedy the applicant is requesting.

  • Address for Service

    The address of the applicant where they will accept service of documents.

  • Opposition and Answering Documents

    Parties wishing to oppose the application must deliver answering documents within 5 days after receiving the application.

  • Hearing in Absence of Non-Opposing Parties

    The application may be heard in the absence of any party that did not oppose.

  • Schedule of Relevant Documents

    A schedule of relevant documents must be attached to the application.

    
    

  Applications must be supported by an affidavit or, with the permission of the commissioner, a written statement.

  
  

  The party bringing the application has 3 days to reply to the opposing documents of the other party/respondent.

  
  

  In urgent applications, the CCMA may dispense with the normal requirements of this rule but may only grant an order against a party that has had reasonable notice of the application.

  
  

  The CCMA may determine the application in any manner it deems fit, including setting the matter down for arguments or simply rule on the written information already submitted.

  
  

• Rule 32 of the CCMA: Variations and Rescissions

  
  

  Applications for variations or rescissions must be made within 14 days of the date on which the applicant became aware of the arbitration ruling.

  
  

  A recission application is normally brought where the commissioner made an award in the absence of one of the parties and it later transpires that there was an acceptable reason for the non-attendance, for example, the party was never informed of the arbitration proceedings.

  
  

  A variation application is brought when there is an error in the arbitration award, for example, if the commissioner miscalculated compensation.

  
  

• Rule 37 of the CCMA: Subpoenas

  
  

  Any party who requires the CCMA to subpoena a person, must file an LRA Form 7.16 with written motivation why such evidence or person is necessary, at least 14 days prior to the arbitration date.

  
  

  A subpoena is an order which compels a person to attend the arbitration and/or to produce specified documents at the arbitration.

  
  

  Unless waived, the party requesting the subpoena shall be liable to pay witness fees.

  
  

Contact NEASA for Expert CCMA Assistance

NEASA offers employers specialist legal support on labour law matters.

How NEASA Can Assist You

• CCMA Representation

  Automatic conciliation, arbitration, and Labour Court representation.

• Employment Contracts and Disciplinary Procedures

  Creating employment policies in line with labour law and maintaining disciplinary matters to ensure efficient processes at the CCMA.

• Training and Workshops

  Offering employers training regarding labour law, CCMA processes, and other workplace disputes.

• Retrenchment Consultations

  Assisting businesses in retrenchment procedures to ensure compliance with all relevant labour laws.

• Strike and Lockout Management

  Providing guidance on handling industrial action effectively.

• Labour Law Compliance

  Ensuring businesses comply with labour laws.

For employers, having the right legal guidance can make a significant difference in how workplace disputes are resolved. NEASA ensures that businesses remain compliant with labour regulations while protecting their rights in employment-related disputes.

Our labour law specialists are ready to assist you in handling all CCMA-related matters.

Discover how NEASA Can Support Your Business

GET IN TOUCH WITH US

24/7 National Hotline: 0860 163 272

www.neasa.co.za

info@neasa.co.za