5 Roles and Responsibilities of the CCMA

The Commission for Conciliation, Mediation and Arbitration (CCMA) is a statutory dispute-resolution body established by section 112 of the Labour Relations Act 66 of 1995 (the LRA) to resolve labour disputes through conciliation, mediation and arbitration, and to support collective bargaining in South Africa. Its five core roles are conciliation of referred disputes, mediation as a facilitated settlement process, arbitration of disputes that conciliation does not resolve, facilitation of collective bargaining and workplace forums, and supervision of bargaining councils and their dispute-resolution functions. The CCMA has jurisdiction over unfair dismissal, unfair labour practices, the interpretation and application of collective agreements, organisational-rights disputes, and severance pay, and operates as the first forum for most individual employment disputes before the Labour Court is engaged.

What the CCMA Is and Where It Comes From

The CCMA was established in November 1996 in terms of section 112 of the Labour Relations Act 66 of 1995, replacing the Industrial Court regime that had previously handled most individual labour disputes. It is constituted as a juristic person with its own governance and administrative structure, governed by a body intended to be broadly tripartite (reflecting state, organised labour and organised business interests) and headed by a Director responsible for the day-to-day administration. Funding for the CCMA is sourced through the statutory levy-and-appropriation framework set out in the LRA — confirm the current funding mechanism against the latest CCMA annual report and the Department of Labour’s public-service legislation before relying on any specific figure.

Although the CCMA is a single national body, it administers its work through regional offices situated across South Africa’s nine provinces. Matters are generally allocated to the regional office covering the area where the employee works, where the dismissal occurred, or where the collective agreement is in force. For Gauteng-based disputes, the Johannesburg and Pretoria regional offices cover most matters, with the CCMA’s national contact centre on 0861 16 1616 routing callers to the correct regional office. The substantive law and procedural rules do not change between regional offices — only the filing venue, the allocated commissioner, and the schedule of hearing dates differ.

The Five Core Roles and Responsibilities

The CCMA’s statutory mandate under section 112 of the LRA is built around five interlocking functions. Each function is exercised through commissioners appointed by the CCMA, and each is subject to the LRA and the published Rules for the Conduct of Proceedings before the CCMA.

1. Conciliation of Disputes

Conciliation is the first formal step in most CCMA processes. A trained commissioner meets the parties, identifies the issues in dispute, explores options for settlement, and records any settlement reached as a binding agreement. Conciliation is mandatory before most arbitration referrals: the CCMA will generally not accept an arbitration referral if the dispute has not first gone through conciliation. The CCMA is generally required to attempt conciliation within 30 days of a dispute being referred, although the parties can extend the period by agreement. A settlement reached in conciliation can be made an arbitration award by agreement, which gives it the same enforceability as a court order.

2. Mediation as a Facilitated Settlement Process

Mediation is a voluntary, structured process that goes beyond conciliation in depth and confidentiality. Mediators do not make awards — they help the parties craft their own settlement — and the process is “without prejudice,” meaning what is said in mediation cannot be used against a party in later proceedings. Mediation is particularly common in collective-bargaining deadlocks, large-scale retrenchment disputes, and disputes involving multiple employees or union federations. The CCMA can appoint a senior commissioner or external mediator where the dispute warrants it. A successful mediation results in a written settlement agreement, which (like a conciliation settlement) can be made an arbitration award for enforceability.

3. Arbitration of Disputes That Fail Conciliation

Where conciliation does not produce a settlement, the CCMA conducts arbitration — a more formal hearing where each side leads evidence, cross-examines the other, and a commissioner issues a binding award. Arbitration covers broadly the same jurisdictional matters as conciliation: unfair dismissals, unfair labour practices, interpretation or application of collective agreements, organisational-rights disputes, and severance pay. Arbitrators have the powers of a commissioner under the LRA, including the power to compel the attendance of witnesses, administer oaths, and order the production of documents. Arbitration awards are binding, can be enforced through the Labour Court, and can be challenged on the limited grounds permitted by section 145 of the LRA.

4. Facilitation of Collective Bargaining and Workplace Forums

The CCMA appoints facilitators when parties to collective bargaining reach a deadlock and cannot agree on a substantive issue, the formation of a bargaining council, or the establishment of a workplace forum. Facilitators issue a report on the parties’ positions and may propose non-binding terms. A further deadlock after facilitation can lead to protected industrial action, an unprotected work stoppage, or a referral to the Labour Court. The CCMA also publishes collective agreements and makes them available for public inspection, and accredits and oversees workplace forums established under chapter V of the LRA. It plays a public-interest role in monitoring the sustainability of collective bargaining and may intervene in deadlocked negotiations that have sector-wide implications.

5. Supervision and Dispute-Resolution Oversight of Bargaining Councils

Bargaining councils are statutory collective-bargaining structures established under section 27 of the LRA for particular sectors and geographical areas, and the CCMA accredits and supervises them. Where a bargaining council has its own accredited dispute-resolution procedures, the CCMA will generally decline to entertain a dispute that falls within the council’s scope and refer the parties to the council instead. The CCMA also handles disputes that fall outside a bargaining council’s accredited jurisdiction, or where a council’s dispute-resolution function has failed or is unavailable. This role prevents forum-shopping between the CCMA and bargaining councils, and ensures the two-tier structure (council first, CCMA as fallback) operates as Parliament intended.

What the CCMA Can and Cannot Hear

The CCMA’s jurisdiction is set by the LRA and is narrower than the general labour-law subject matter covered by other forums. The following table summarises the broad division of jurisdictional lines — confirm the current position against the LRA before relying on any specific entry, as the boundaries have been adjusted by amendment and case law.

Type of Matter	Where It Is Heard
Unfair dismissal disputes (LRA sections 188–190)	CCMA (or bargaining council with jurisdiction)
Unfair labour practice disputes (LRA sections 185–186)	CCMA (or bargaining council with jurisdiction)
Interpretation or application of collective agreements	CCMA (or bargaining council with jurisdiction)
Severance pay disputes	CCMA (or bargaining council with jurisdiction)
Organisational-rights disputes	CCMA
Picketing rules disputes	CCMA
Automatically unfair dismissal (section 187) — first instance	CCMA (Labour Court has concurrent jurisdiction in certain circumstances)
Pure contractual disputes not connected to a dismissal or unfair labour practice	Labour Court or civil courts (not the CCMA)
Most Basic Conditions of Employment Act claims (e.g. unpaid overtime, leave pay)	Department of Labour inspectorate / civil courts (not the CCMA)
Employment Equity Act unfair-discrimination claims (in most circumstances)	CCMA for unfair discrimination matters (with referral to the Labour Court in defined circumstances)
Criminal matters	Criminal courts (not the CCMA)

The position on employment-equity disputes and on matters touching the right to strike has been adjusted by amendment and case law — confirm the current jurisdictional allocation against the LRA, the Employment Equity Act 55 of 1998, and any relevant Labour Court jurisprudence before relying on a specific entry above.

Who Can Refer a Matter and How

The referring party completes the CCMA’s prescribed referral form for the type of dispute in question, states the nature of the dispute and the relief sought, and files it with the relevant regional CCMA office. The current form identifiers (for example, LRA Form 7.11 for unfair dismissal referrals) should be verified on the CCMA’s website before publishing, as form identifiers have changed over time.

Step	What Happens
Who can refer	The employee, the employee’s registered trade union, the employer, the employer’s employers’ organisation, or in some cases the CCMA itself (e.g. where the dispute affects an unorganised sector).
Form used	The CCMA’s prescribed referral form for the type of dispute (commonly LRA Form 7.11 for unfair dismissal). Confirm the current form on the CCMA’s website.
Time limit — unfair dismissal	Within 30 days of the date of dismissal (LRA section 191(1)(b)).
Time limit — unfair labour practice	Within 90 days of the date the dispute arose (LRA section 191(1)(a)).
Time limit — other disputes	Check the LRA for the specific category; many disputes carry a 30-day or 90-day window.
Late referral	The CCMA has a discretion to condone late referral on good cause shown. A detailed application for condonation, supported by affidavit, must accompany the late referral.
Service	The referring party must serve a copy of the referral on the other side and file proof of service with the CCMA.
Pre-referral steps	Many disputes require a written attempt at resolution first (often through an internal grievance procedure, a collective-agreement mechanism, or a bargaining council). The CCMA will check this when the referral is filed.

The CCMA Process, Step by Step

1. The dispute arises — for example, an employee is dismissed for alleged misconduct.
2. The employee or union refers the dispute to the CCMA on the appropriate CCMA referral form, within the applicable time window (30 days from date of dismissal for unfair dismissal; 90 days from the date the dispute arose for unfair labour practice).
3. The CCMA allocates a commissioner and a conciliation date, with the CCMA generally required to attempt conciliation within 30 days of the referral.
4. The parties attend conciliation, attempt to settle, and either settle (the agreement is reduced to writing and may be made an arbitration award) or fail to settle.
5. If conciliation fails, the referring party can apply for arbitration by completing the CCMA’s prescribed arbitration-request process and serving it on the other side. The post-conciliation referral window should be checked against the current LRA and the CCMA Rules.
6. The CCMA schedules an arbitration hearing; the statutory period within which arbitration must be commenced, and any extension mechanism, should be verified against the current LRA.
7. The parties exchange pleadings, witness statements and documents before the hearing, and the hearing proceeds on the allocated date.
8. The arbitrator issues a binding arbitration award, which is filed with the CCMA and can be enforced through the Labour Court.
9. Either party can apply to the Labour Court to review or set aside the award on the limited grounds permitted by section 145 of the LRA.

What the CCMA Costs the User

CCMA referrals are generally not subject to a fee payable by the referring party at the point of referral. Each party generally bears its own costs in the CCMA process; in dismissal disputes, a commissioner can order the unsuccessful party to pay the costs of the other side on a tariff scale where the dispute was frivolous or where the party misconducted itself in the proceedings. The current cost-ordering rules and tariff scale should be verified against the LRA and the CCMA Rules before relying on any specific figure.

Representation is at each party’s own cost. Rule 25 of the CCMA Rules distinguishes between conciliation and arbitration:

Stage	Who May Represent a Party
Conciliation (Rule 25(1)(a))	The party in person; an office bearer, official or member of that party’s registered trade union or employers’ organisation; or, if the party is an employer, a director or employee of that party.
Arbitration (Rule 25(1)(c))	The party in person; a legal practitioner; a director or employee of the party; or an office bearer, official or member of that party’s registered trade union or employers’ organisation.

In dismissal disputes, the employer bears the burden of proving the fairness of the dismissal on a balance of probabilities; in unfair-labour-practice disputes, the burden is on the party alleging the practice. Where the dispute is of high value or unusually complex, instructing a labour-law attorney is common practice — the firm’s Labour Law practice is set up to handle precisely this kind of work, with a registered Labour Law specialist consultant on the team (Marius Ferreira) and CCMA referrals coordinated through the broader litigation practice.

Compensation Limits Under Section 194

Where the CCMA or the Labour Court finds a dismissal unfair, the remedies available are set out in section 193 of the LRA (reinstatement, re-employment or compensation). The compensation cap is set by section 194:

Type of Unfair Dismissal	Maximum Compensation Under Section 194
Ordinary unfair dismissal (substantively or procedurally unfair under section 188)	12 months’ remuneration
Automatically unfair dismissal (under section 187 — discrimination, exercising LRA rights, whistle-blowing, pregnancy, etc.)	24 months’ remuneration
Compensation claims under other employment statutes (e.g. Basic Conditions of Employment Act, Employment Equity Act), or section 197A transfer claims	Not limited by section 194

Reinstatement or re-employment remains the primary remedy in both ordinary and automatically unfair-dismissal cases; compensation is awarded only where reinstatement is inappropriate. Confirm the current section 194 caps and the categories of automatically unfair dismissal against the LRA before relying on any specific amount.

Frequently Asked Questions

What does the CCMA actually do?

The CCMA resolves labour disputes through conciliation, mediation and arbitration under the Labour Relations Act 66 of 1995, and supports collective bargaining through facilitation and the supervision of bargaining councils. Most individual employee disputes start with conciliation and, if unresolved, proceed to arbitration where a commissioner issues a binding award.

Is the CCMA a court?

No — the CCMA is a statutory dispute-resolution body, not a court. Its arbitration awards are binding and can be enforced through the Labour Court, and the Labour Court can review CCMA awards on the limited grounds permitted by section 145 of the LRA. For most employment disputes, the CCMA is the first forum, not the Labour Court.

How long does the CCMA process take?

The CCMA is generally required to attempt conciliation within 30 days of referral. If conciliation does not resolve the matter, arbitration is scheduled in accordance with the LRA and the CCMA Rules. In practice, both stages are regularly extended by agreement or because of commissioner availability, and a typical dispute takes several months from referral to a final arbitration award.

Can the CCMA help with unfair dismissal?

Yes — unfair dismissal disputes fall within the CCMA’s jurisdiction, and the employer bears the burden of proving the dismissal was substantively and procedurally fair. The CCMA can order reinstatement, re-employment or compensation; compensation in an ordinary unfair-dismissal case is capped at 12 months’ remuneration, and in an automatically unfair-dismissal case at 24 months’ remuneration, under section 194 of the LRA.

Do I have to use a lawyer at the CCMA?

No — parties may appear in person, be represented by a registered trade union or employers’ organisation official, or instruct a legal practitioner in arbitration proceedings. The choice depends on the complexity of the dispute and the value at stake; for high-value dismissals, organisational-rights disputes, or complex procedural arguments, representation by a labour-law attorney is common.

Filing at the Right Regional Office

If you are facing a CCMA referral or a defended CCMA matter, the labour-law team at Burger Huyser Attorneys acts for both employers and employees in CCMA processes from the firm’s Centurion (012 644 4990) and Pretoria/Menlyn (012 471 5700) branches, supported by a dedicated Labour Law specialist consultant. The firm handles referrals, conciliation attendance, arbitration preparation and representation, and the review of arbitration awards in the Labour Court. Book an initial consultation through the branch nearest you; bring the referral form or the dismissal letter, any internal grievance correspondence, your employment contract, and any collective agreement that may apply. Burger Huyser carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and fields this work across its Gauteng branches.