Avoid Delays by Having the Correct Info Ready for CCMA Referral Matters

When workplace disputes arise, employees and employers alike often turn to the Commission for Conciliation, Mediation, and Arbitration (CCMA) for assistance. The CCMA is a neutral body that helps resolve various labor disputes through processes like conciliation, mediation, and arbitration. If you’re considering referring a matter to the CCMA, it’s essential to understand what information is needed to ensure your case is correctly filed and processed.

What Information Do I Need to Refer a Matter to the CCMA?

When referring a matter to the CCMA, it’s crucial to provide accurate and comprehensive information to avoid delays and ensure your case is processed efficiently. The CCMA requires specific details, and these can vary depending on the nature of the dispute (e.g., unfair dismissal, wage disputes, or unfair labor practices). However, there are some key pieces of information that are universally required for all referrals:

a. Personal Details

  • Your full name and contact details: This includes your ID number or passport number, physical address, and telephone number. Accurate contact information ensures the CCMA can communicate effectively with you throughout the process.
  • The employer’s details: If you’re an employee referring the matter, you must provide your employer’s full details, including their legal name, physical address, and contact information.

b. Dispute Information

  • Nature of the dispute: A clear description of what the dispute is about. Whether it’s an unfair dismissal, wage dispute, harassment claim, or unfair labor practice, the CCMA needs to know the nature of the conflict to assign it to the appropriate category. Be as specific as possible, and make sure to include:
    • The date the dispute occurred or when it started.
    • A description of the events that led to the dispute. This could include details of your dismissal, wage issues, or other relevant circumstances.
  • Details of any attempts to resolve the dispute: It’s important to mention whether you and the other party have attempted to resolve the matter directly or through informal channels before referring it to the CCMA. For example, did you attempt to resolve the dispute through internal grievance procedures?

c. Desired Outcome

  • What you want to achieve: Clearly state the resolution you are seeking. If you are an employee, are you looking for reinstatement, compensation, or a change in working conditions? If you are an employer, what is the desired outcome of the referral (e.g., the dismissal of an unfair claim)?

d. Supporting Documentation

The CCMA will require relevant documentation to substantiate your claim and support your position. This could include:

  • Employment contract: A copy of the employment agreement or contract, which outlines the terms of employment.
  • Pay slips: If the dispute relates to wages or benefits, providing proof of pay slips or records of payments can be crucial.
  • Correspondence and communication: Any emails, letters, or other correspondence related to the dispute. For example, if the issue involves disciplinary action or performance reviews, these records can be important.
  • Witness statements: If you have any witnesses who can support your version of events, you should provide their details or statements.
  • Evidence of prior attempts to resolve the issue: If you have previously tried to resolve the matter (e.g., via a grievance procedure or negotiation), providing proof of these attempts can be helpful.

e. Jurisdiction of the CCMA

  • Confirmation that the matter falls within CCMA jurisdiction: The CCMA only deals with specific types of disputes, so it’s essential to confirm that your case falls under its scope. The CCMA handles disputes such as:
    • Unfair dismissals (both substantive and procedural)
    • Unfair labor practices
    • Wage disputes
    • Retrenchment or restructuring disputes
    • Discrimination, harassment, and victimization claims

f. Timeliness of the Referral

The CCMA has strict time limits for referring disputes. Generally, you must refer the matter within 30 days of the dismissal date (for unfair dismissal claims) or 90 days for other disputes. If you’re submitting the referral after the deadline, you must explain why the referral is late, and the CCMA will decide whether to accept the referral.

How Do I Refer a Matter to the CCMA?

Once you have all the required information, the next step is to refer the matter to the CCMA. Below is a step-by-step guide:

Step 1: Complete the Referral Form (LRA 7.11)

To refer a matter to the CCMA, you must fill out the Referral of Dispute to the CCMA Form (LRA 7.11). The form asks for the following:

  • Your personal details (employee or employer).
  • Details of the dispute (nature of the issue and the timeline).
  • The desired outcome (what resolution you are seeking).
  • Supporting documentation (as described above).

Step 2: Submit the Referral Form

After completing the form, you can submit it to the CCMA using one of the following methods:

  • In person: You can hand-deliver the form to your nearest CCMA office.
  • By post: You can mail the completed form to the relevant CCMA office.
  • Online: The CCMA also allows for online submission of forms via their website, which is quick and convenient.

Make sure to keep a copy of the referral form and supporting documents for your records.

Step 3: Wait for the Conciliation Date

After submitting the referral form, the CCMA will schedule a conciliation hearing. This is a meeting where both parties (employee and employer) will try to reach a settlement with the assistance of a CCMA commissioner.

The commissioner will facilitate the discussions but will not make decisions. If the dispute is resolved during conciliation, a settlement agreement will be signed, and the matter will be resolved. If the dispute is not resolved, it may be referred to arbitration.

Step 4: Proceed to Arbitration (If Necessary)

If the matter cannot be settled during conciliation, it may proceed to arbitration. An arbitrator will be assigned to review the case and make a binding decision. Arbitration is more formal and may involve presenting evidence, witness testimony, and legal arguments.

Why Seek Legal Assistance for CCMA Referring Matters?

The process of referring a matter to the CCMA may seem straightforward, but it can be complex, especially when it comes to compiling the necessary documentation, meeting deadlines, and navigating the conciliation and arbitration stages. Burger Huyser Attorneys can help you understand your rights, gather the relevant information, and ensure that your case is presented in the best possible way.

Having our labour lawyers by your side can help:

  • Ensure that all required information is provided: This reduces the chance of delays or dismissal of your case.
  • Assist with complex legal issues: If your case involves intricate legal questions, an attorney can provide expert advice and representation.
  • Help with the settlement or arbitration process: A lawyer can represent you during conciliation and arbitration, increasing your chances of a favorable outcome.

If you’re unsure about the referral process or need assistance with referring a matter to the CCMA, Burger Huyser Attorneys is here to help. We offer expert legal guidance, ensuring that your case is handled with care and professionalism from start to finish. Get in touch today to schedule a consultation and let us help you resolve your workplace dispute effectively and efficiently.

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