What Is Conciliation at the CCMA?

Workplace disputes are an unfortunate reality, but the Commission for Conciliation, Mediation, and Arbitration (CCMA) offers an efficient and accessible way to resolve these issues. The first step in the CCMA’s dispute resolution process is conciliation—a process aimed at finding an amicable resolution without the need for formal arbitration.

Conciliation is an informal and voluntary process where a CCMA Commissioner helps disputing parties reach a mutual agreement. It is the first step in resolving disputes at the CCMA and is designed to be quick, cost-effective, and non-adversarial.

What Disputes Can Be Referred to the CCMA for Conciliation?

Common disputes referred to the CCMA for conciliation include:

  • Unfair dismissal claims.
  • Unfair labor practices, such as discrimination or unfair treatment.
  • Wage disputes or other workplace disagreements.
  • Issues related to retrenchments or changes in employment terms.

How to Fill Out a CCMA Referral Form (Form 7.11)

To refer a dispute to the CCMA for conciliation, you need to complete Form 7.11, the official dispute referral form. Here’s how:

Step-by-Step Guide to Filling Form 7.11

  1. Details of the Parties
    • Fill in your personal details (name, ID, and contact information) and those of the other party (employer or employee).
  2. Nature of the Dispute
    • Specify the type of dispute (e.g., unfair dismissal, unfair labor practice).
    • Provide the date of the dispute and a brief description of the issue.
  3. Outcome Sought
    • Indicate what resolution you are seeking (e.g., reinstatement, compensation, or corrective action).
  4. Consent to Conciliation
    • Confirm whether you consent to conciliation and provide any additional relevant information.
  5. Signature
    • Ensure the form is signed and dated before submission.

How to Refer the Dispute to the CCMA

After completing Form 7.11:

  1. Submit the Form: Deliver the form to your nearest CCMA office via hand delivery, email, or fax.
  2. Serve Notice to the Other Party: Provide a copy of the referral form to the opposing party (e.g., the employer). Proof of this service must be kept for submission to the CCMA.
  3. Confirmation of Receipt: Ensure the CCMA acknowledges receipt of your referral form and provides you with a reference number.

What Are the Rules for Conciliation at the CCMA?

Key rules governing CCMA conciliation include:

  • Timeframes: Disputes must typically be referred to the CCMA within 30 days of the dispute arising (e.g., date of dismissal).
  • Attendance: Both parties are expected to attend the conciliation session in good faith.
  • Confidentiality: Discussions during conciliation are confidential and cannot be used as evidence in arbitration or court proceedings.

What Happens During Conciliation?

Conciliation Process at the CCMA

  1. Introduction:
    • The Commissioner explains the process and rules.
  2. Statements by Both Parties:
    • Each party has an opportunity to present their version of events.
  3. Facilitated Discussion:
    • The Commissioner facilitates discussions to help the parties find common ground.
  4. Resolution or Certificate of Non-Resolution:
    • If the parties reach an agreement, it is recorded in writing and signed.
    • If no agreement is reached, the Commissioner issues a certificate of non-resolution, allowing the matter to proceed to arbitration or court.

How Much Does CCMA Charge for Conciliation?

Conciliation services at the CCMA are free of charge for most disputes. However, there may be exceptions for certain cases involving large employers or non-standard disputes.

Benefits of Conciliation at the CCMA

  • Cost-Effective: Free services make it accessible to employees and small businesses.
  • Quick Resolution: Conciliation sessions are typically completed within a single meeting.
  • Preserves Relationships: The informal and non-confrontational nature of conciliation helps maintain a professional relationship between parties.

Tips for Preparing for Conciliation at the CCMA

  • Understand Your Case: Know the facts, your rights, and the desired outcome.
  • Bring Evidence: Have all necessary documents (e.g., employment contracts, emails, notices).
  • Be Open to Compromise: Conciliation is about finding common ground, so be willing to negotiate.
  • Seek Legal Advice: While legal representation is not allowed during conciliation, consulting with labor law experts beforehand can help you prepare effectively.

How Burger Huyser Labour Law Attorneys Can Assist

At Burger Huyser Attorneys, we specialize in labor law and CCMA proceedings. Our team can:

  • Advise you on your rights and the strength of your case.
  • Assist in completing and submitting the referral form correctly.
  • Provide guidance on how to present your case during conciliation.

Referring a dispute to the CCMA for conciliation is the first step toward resolving workplace issues amicably and efficiently. By understanding the process and preparing thoroughly, you can maximise your chances of reaching a favorable resolution.

For expert legal assistance with CCMA conciliation or any labour law matters, contact Burger Huyser Attorneys today. We’re here to ensure your rights are protected and your case is handled with professionalism and care.

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 4699Bedfordview call 061 536 3223

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