Requesting the CCMA in Resolving a Dispute
When disputes arise in the workplace, employees and employers have the option to seek resolution through the Commission for Conciliation, Mediation, and Arbitration (CCMA). The CCMA serves as a neutral body designed to help resolve various labor-related disputes, including issues like unfair dismissals, wage disputes, and workplace conditions.
The CCMA is a statutory body established in South Africa under the Labour Relations Act to offer a platform for resolving labour disputes in a fair and impartial manner. It provides a dispute resolution process through conciliation, mediation, and arbitration, with the goal of ensuring justice and fair treatment in the workplace.
When you refer a matter to the CCMA, you’re requesting that the Commission assists in resolving a dispute, typically through conciliation. If the dispute cannot be resolved during conciliation, it may be escalated to arbitration or even the Labour Court.
How Do I Refer a Matter to the CCMA?
Referring a matter to the CCMA involves a well-defined process. The following steps will guide you through the necessary actions:
Step 1: Determine If Your Dispute Is Within the CCMA’s Jurisdiction
Before referring a dispute to the CCMA, it’s essential to ensure that the issue falls within its jurisdiction. The CCMA deals with a range of disputes, including but not limited to:
- Unfair dismissals: This includes claims of dismissal without a valid reason or proper procedure.
- Unfair labor practices: Matters like unfair treatment, discrimination, or harassment at the workplace.
- Wage disputes: Issues regarding non-payment, underpayment, or disputes about wages and benefits.
- Employment contract issues: Claims related to fixed-term contracts, working hours, and conditions.
- Discrimination claims: Claims involving unequal treatment based on race, gender, disability, or other factors.
If your dispute involves any of these issues, it’s likely within the CCMA’s jurisdiction.
Step 2: Complete the Referral Form (LRA 7.11)
The next step in referring a dispute is to complete the Referral of Dispute to the CCMA Form (Form LRA 7.11). This form is essential for initiating the referral process and must be filled out accurately.
The form requires you to provide the following information:
- Personal details: Full names, identification number, and contact details for both parties involved (employer and employee).
- Details of the dispute: A summary of the dispute, including the nature of the issue and the date the dispute occurred. For example, if you’re referring an unfair dismissal case, you should provide the date of dismissal and details regarding the circumstances surrounding it.
- Outcome sought: Specify the resolution you are seeking. Whether you want to be reinstated, compensated, or for a specific outcome to be reached, it’s important to state this clearly.
- Jurisdiction: Indicate the type of dispute (e.g., dismissal, wage dispute, unfair treatment) to ensure your case is handled by the right department.
The completed referral form must then be submitted to the CCMA either in person, by post, or online.
Step 3: Submit the Referral Form
After completing the referral form, the next step is to submit it to the CCMA. You can do this through the following methods:
- In Person: You can hand-deliver the form to your nearest CCMA office. This is ideal if you are located close to a CCMA branch.
- By Post: You can mail the form to the relevant CCMA office in your area.
- Online: The CCMA allows for the electronic submission of referral forms through its website, which is a convenient option, especially during times of restricted movement (such as during the pandemic).
Make sure to keep a copy of the form and any supporting documents for your own records. The CCMA will send you an acknowledgement of receipt once your referral has been processed.
Step 4: Wait for the Conciliation Date
Once your referral form is accepted, the CCMA will schedule a conciliation hearing. Conciliation is the first stage of dispute resolution and aims to help the parties reach a mutually acceptable agreement. You will be notified of the date, time, and location of the conciliation session.
During conciliation, an impartial CCMA commissioner will facilitate discussions between both parties in an effort to find a resolution. The commissioner will not take sides but will work to ensure that both parties have an equal opportunity to present their case.
Step 5: Attend the Conciliation Hearing
On the scheduled date, both the employer and the employee (or their representatives) should attend the conciliation hearing. At this hearing:
- Both parties will explain their sides of the dispute.
- The commissioner will assist in identifying areas where the parties might be able to reach a resolution.
- If a settlement is reached, a settlement agreement will be drawn up and signed by both parties. This agreement is legally binding.
If a resolution is not reached during the conciliation process, the dispute will move to the next step: arbitration.
Step 6: Arbitration (If Conciliation Fails)
If conciliation does not lead to an agreement, the dispute may be referred to arbitration, where an arbitrator (appointed by the CCMA) will make a final, binding decision on the matter. Arbitration is typically more formal than conciliation and may involve presenting evidence, calling witnesses, and making legal arguments.
Time Limits for Referring a Dispute to the CCMA
It’s important to be mindful of the time limits for referring a dispute to the CCMA:
- Unfair dismissal claims must generally be referred within 30 days of the dismissal date.
- Other types of disputes, such as those involving wage disputes or unfair labor practices, must typically be referred within 90 days of the incident.
Failure to refer your dispute within the specified time limits could result in your case being dismissed. However, if you miss the deadline, you can request an extension, but this is granted at the CCMA’s discretion.
Tips for a Successful Referral
- Prepare Your Case: Gather all relevant documents, including your employment contract, payslips, any correspondence related to the dispute, and any other supporting evidence.
- Stay Professional: Be respectful and professional during the process. A calm and composed demeanor will make a positive impression and facilitate the resolution process.
- Seek Legal Assistance: If you’re unsure about how to complete the form or handle the process, seeking legal advice can be invaluable. At Burger Huyser Attorneys, we offer expert legal guidance on how to refer a dispute to the CCMA, ensuring that your rights are fully protected throughout the process.
Referring a matter to the CCMA can be an efficient way to resolve a workplace dispute, but it requires careful attention to detail and adherence to legal procedures.Â
If you need assistance with referring a dispute to the CCMA or require legal representation, Burger Huyser Attorneys is here to help. Our experienced team of labour lawyers are committed to guiding you through the process and advocating for your best interests. For expert advice on referring disputes to the CCMA or other labor-related matters, get in touch with Burger Huyser Attorneys today. We are here to assist you every step of the way.
Contact Burger Huyser Attorneys, and book a consultation.
To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
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DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE