The Conciliation Process and Procedure at the CCMA

When disputes arise in the workplace, employees and employers often turn to the Commission for Conciliation, Mediation, and Arbitration (CCMA) for assistance. One of the key processes for resolving disputes at the CCMA is conciliation. This informal process is designed to help both parties reach a mutually acceptable resolution with the help of a neutral third party (the commissioner).

If you are about to attend a conciliation hearing at the CCMA, it is crucial to prepare effectively to maximise your chances of a successful outcome.

What is CCMA Conciliation?

Before diving into the preparation steps, it’s essential to understand the purpose of conciliation. The goal of conciliation is to help both parties in a dispute (employee and employer) reach a voluntary agreement to resolve the conflict, without needing to proceed to formal arbitration or litigation.

During the conciliation process, a CCMA commissioner acts as a mediator, facilitating discussions and guiding the parties toward a settlement. If both sides agree on a solution, they will sign a settlement agreement that legally binds them. If the dispute cannot be resolved at this stage, the matter may proceed to arbitration, which is more formal and binding.

What Are the Steps of the Conciliation Process?

The conciliation process typically follows a standard procedure. Here is a breakdown of the steps involved:

Step 1: Referral of the Dispute

Before conciliation can take place, the dispute must first be referred to the CCMA. This involves completing and submitting the LRA 7.11 referral form, detailing the nature of the dispute and your desired outcome.

Once the CCMA receives the referral, it will set a date for the conciliation hearing. The CCMA will inform both parties (the employer and employee) of the date, time, and venue.

Step 2: Conciliation Hearing

On the scheduled date, both parties will attend the conciliation hearing, which is typically held at the CCMA offices. The process involves the following:

  • Introduction and Explanation: The commissioner will introduce themselves, explain the process, and clarify their role as a neutral mediator. The commissioner will also outline the procedures and expectations for the hearing.
  • Opening Statements: Both parties will have an opportunity to present their side of the dispute. The employee may begin by explaining the problem, followed by the employer’s response.
  • Discussion and Negotiation: After hearing both sides, the commissioner will facilitate discussions between the parties. This is where most of the negotiation happens, with the commissioner helping to guide both sides toward a possible resolution.
  • Settlement or Outcome: If both parties reach an agreement, the commissioner will document the settlement agreement, which will be signed by both parties and legally binding. If no agreement is reached, the dispute may proceed to arbitration.

Step 3: Outcome of Conciliation

At the end of the conciliation hearing, there are two possible outcomes:

  • Settlement Agreement: If the parties agree to a resolution, the commissioner will draft and sign a settlement agreement. Both parties must comply with the terms of the agreement.
  • Referral to Arbitration: If the dispute is not resolved at conciliation, it will be referred to arbitration for a more formal resolution process. Arbitration is more structured, and the decision made by the arbitrator is binding.

How to Prepare for CCMA Conciliation

Proper preparation is crucial to achieving a positive outcome at your conciliation hearing. Here’s how to get ready:

a. Understand the Issue Clearly

Make sure you have a clear understanding of the nature of the dispute. Whether it involves unfair dismissal, wage disputes, or unfair labor practices, be prepared to explain the key facts and events that led to the dispute.

  • Review the details: Go through your employment contract, any related documents (such as disciplinary records, emails, or pay slips), and any previous correspondence with the other party. This will help you to present a comprehensive and organized case.

b. Gather Supporting Documents

One of the most important parts of preparing for conciliation is ensuring you have all the necessary documents and evidence to support your claim. This could include:

  • Employment contracts: To establish the terms of employment and any agreements made.
  • Pay slips and financial records: If your case involves wages, unpaid overtime, or other financial matters, these documents will be crucial.
  • Emails, letters, and correspondence: Any communications that relate to the dispute, such as warnings, disciplinary notices, or requests for resolution.
  • Witness statements: If any colleagues or other parties witnessed the events leading to the dispute, their statements could provide valuable support.

Having all these documents organized and ready will ensure that you present a solid case at the conciliation hearing.

c. Know Your Desired Outcome

Clarify what resolution you are seeking. Whether you are looking for reinstatement, compensation, or a change in workplace conditions, it is essential to know what outcome you want and to communicate this effectively during conciliation.

d. Be Ready for Negotiation

Conciliation is a negotiation process, so be prepared to be flexible. Think about potential compromises or alternative solutions that could resolve the dispute. While it’s important to know what you want, being open to negotiation may increase the chances of a successful outcome.

  • Consider possible solutions: For example, if you are seeking compensation for unfair dismissal, consider whether an offer of settlement might be acceptable, such as a severance package or alternative employment arrangements.
  • Listen to the other side: Be open to hearing the employer’s perspective and any possible solutions they may offer. The CCMA commissioner is there to facilitate communication between both parties, and sometimes a creative solution can resolve the conflict.

e. Stay Calm and Professional

The conciliation process is often emotionally charged, but maintaining professionalism and calmness is key. Avoid becoming overly defensive, angry, or aggressive. A calm and cooperative attitude will help you communicate your position more effectively and improve your chances of reaching a positive outcome.

What Happens if No Settlement Is Reached?

If conciliation does not result in an agreement, the matter will be referred to arbitration. At arbitration, a more formal hearing will take place, and an arbitrator will make a binding decision based on the evidence presented.

While conciliation is informal and voluntary, arbitration is a formal, legally binding process. It’s important to keep in mind that, even if the conciliation doesn’t result in an agreement, you still have the opportunity to present your case in arbitration.

Why Seek Legal Assistance?

While you can represent yourself at a CCMA conciliation hearing, having legal representation can make a significant difference in the outcome. Burger Huyser Attorneys specialises in labour law and can assist you with the conciliation process.

Our team can help you:

  • Prepare your case: We’ll assist you in gathering the necessary documents and evidence.
  • Negotiate on your behalf: During conciliation, we can represent you and negotiate a favorable settlement.
  • Guide you through arbitration: If your matter proceeds to arbitration, we will be there to provide expert representation and ensure your rights are protected.

Contact Burger Huyser Labour Law Attorneys Today

If you’re preparing for a CCMA conciliation hearing or need assistance with any stage of the process, Burger Huyser Attorneys is here to help. Our experienced team is dedicated to providing expert legal guidance to ensure your dispute is handled efficiently and effectively. Get in touch with us today to schedule a consultation and make sure your case is prepared for success at the CCMA.

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;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE