CCMA & BARGAINING COUNCIL IN SOUTH AFRICA

WHAT IS THE DIFFERENCE BETWEEN CCMA AND BARGAING COUNCIL?

WHAT IS THE CCMA?

The CCMA, or Commission for Conciliation, Mediation, and Arbitration, is an independent dispute resolution body in South Africa. It was established under the Labour Relations Act (LRA) to help resolve workplace disputes between employers and employees.

The CCMA primarily deals with issues such as unfair dismissals, unfair labor practices, wage disputes, and organizational rights. When an employee feels they’ve been unfairly treated or dismissed, they can refer their case to the CCMA, where it is handled through processes like conciliation, mediation, and, if necessary, arbitration. The goal is to reach an amicable and fair resolution without needing to escalate the matter to a court.

WHAT IS THE BARGAINING COUNCIL?

A Bargaining Council is a body in South Africa established by registered trade unions and employer organizations within a specific industry or sector. It is designed to promote labor peace and facilitate collective bargaining over employment conditions, wages, and other workplace matters.

Bargaining Councils play a critical role in resolving disputes between employers and employees within the industries they represent. They can negotiate and enforce collective agreements, prevent and resolve labor disputes, establish benefit schemes, and ensure fair labor practices. In some cases, they also have powers similar to those of the CCMA for resolving disputes, but within the specific scope of their industry or sector.

The main difference between the CCMA and Bargaining Council lies in their scope and purpose within labour relations in South Africa.

Scope of Jurisdiction

CCMA: The CCMA has a broad jurisdiction and handles disputes across various industries and sectors where no Bargaining Council exists. It addresses disputes related to unfair dismissals, unfair labor practices, wage issues, and organizational rights.

Bargaining Council: A Bargaining Council is specific to a particular industry or sector, like construction or metalwork. It is formed by registered employer organizations and trade unions within that industry and negotiates collective agreements that apply to employers and employees in that sector.

Functions

CCMA: The CCMA’s primary role is to provide dispute resolution services through conciliation, mediation, and arbitration. It also educates employees and employers on labor rights and the Labour Relations Act (LRA).

Bargaining Council: In addition to resolving disputes, a Bargaining Council negotiates collective agreements, manages benefit schemes (like pension or health benefits), and enforces agreements specific to the industry. It has the authority to set terms and conditions that all companies in the sector must follow.

Dispute Resolution

CCMA: If no Bargaining Council covers a sector, employees and employers refer disputes to the CCMA. The CCMA’s dispute resolution process includes conciliation (a voluntary process to reach agreement) and, if unresolved, arbitration (a binding decision).

Bargaining Council: If an industry has a Bargaining Council, disputes within that industry are first referred to the council. The Bargaining Council follows similar processes (conciliation and arbitration) but may also enforce specific terms set in its collective agreements.

Representation

CCMA: Legal representation is generally not permitted in CCMA cases, though it is allowed at the Labour Court and Labour Appeal Court if the dispute escalates.

Bargaining Council: Legal representation rules vary, depending on the specific rules of each Bargaining Council, though it is often restricted to encourage quicker and less formal dispute resolution.