What Kind of Cases Will the CCMA Make Decisions About?

The Commission for Conciliation, Mediation and Arbitration (CCMA) is established as a juristic person under section 112 of the Labour Relations Act 66 of 1995 and has statutory jurisdiction to resolve disputes referred to it under section 51 of the LRA and the Basic Conditions of Employment Act 75 of 1997. The case types it will decide include unfair dismissal disputes under section 191, unfair labour practices under section 186 (promotions, employee benefits, probation, constructive dismissal-related conduct), wage disputes under the BCEA (unpaid wages, leave pay, maternity leave, severance pay, notice pay), disputes about the interpretation or application of collective agreements under section 24, organisational-rights disputes under section 18, and referential or substantive bargaining-council disputes where the matter falls back to the CCMA. The CCMA does not decide pure contractual claims outside the LRA’s protective framework, interdicts in intra-firm management disputes, or matters reserved exclusively for the Labour Court under Schedule 7 of the LRA — which include strikes, lockouts, and disputes about the registration or scope of bargaining councils.

What the CCMA Is and Where Its Jurisdiction Comes From

The CCMA is a statutory body established by section 112 of the Labour Relations Act 66 of 1995 as an independent, impartial juristic person. Its purpose is to give South African labour disputes a quicker, cheaper, and less formal alternative to the Labour Court. Section 51 of the LRA sets out the general rule that the CCMA has jurisdiction over disputes referred to it under the LRA or the BCEA, and section 157 (read with Schedule 7) carves out which matters are reserved for the Labour Court instead. The CCMA operates nationally through regional offices; Gauteng matters are typically heard at the CCMA offices in Johannesburg (Libertas Office Park, Marshalltown) and Pretoria (Bureau Lane area), with the CCMA’s own Contact Centre (011 873 2700 for the Johannesburg office) handling procedural scheduling and venue allocation.

Disputes the CCMA Will Decide

The CCMA’s adjudicative jurisdiction tracks the dispute categories listed in the LRA and BCEA. The table below summarises the headline categories and the statutory provision each one is anchored to:

Case Type	Statutory Basis	What It Covers
Unfair dismissal (substantive and procedural)	LRA sections 191 and 188	Both the fairness of the reason for dismissal and the procedural fairness of the process
Constructive dismissal	LRA section 186(1)(e)	Employee-resigned claims where the employer’s conduct made continued employment intolerable
Unfair labour practice (general)	LRA sections 191 and 186	Promotion, demotion, probation, training, benefits, and category-of-employment disputes that aren’t dismissals
Unfair labour practice (employee-related health & safety)	OHSA-aligned provision	Refusal to work in unsafe conditions or employer discrimination against employees who refuse
Discrimination-based automatic unfair dismissal	LRA section 187	Dismissals over union membership, pregnancy, protected disclosure, or exercising LRA rights
Wage disputes (unpaid wages)	BCEA sections 40 and 65	Non-payment of wages, bonuses, or paid leave where the dispute is tied to an LRA unfair labour practice ground
Severance pay	BCEA section 41	Disputes over the quantum or entitlement to severance on operational-requirement dismissals
Notice pay	BCEA section 38	Unpaid notice period on termination
Leave pay	BCEA section 40	Unpaid annual, sick, family-responsibility, or maternity leave
Maternity and parental-related disputes	BCEA sections 25–27	Refusal of maternity leave, return-to-work, related dismissals
Collective agreement interpretation	LRA section 24	Disputes about what a registered collective agreement actually means or requires
Organisational rights	LRA section 18	Disputes about union access, dues deduction, time off, board representation
Pre-dismissal arbitration (Section 188A)	LRA section 188A	Optional binding pre-dismissal arbitration in misconduct cases by mutual agreement
Con-Arb (conciliation plus arbitration in one sitting)	CCMA Standing Protocols	Mandatory in Schedule 1 “automatically unfair” dismissal disputes where the employee opts in
Disputes of interest (referential bargaining)	LRA section 21	Parties to a non-recognised collective dispute referred to the CCMA when no bargaining council exists
Probation disputes	LRA section 186(1)(b)	Unfair labour practice related to probation — defective evaluation, failure to confirm after probation

Two procedural mechanics sit on top of that catalogue and shape how each category is decided. Under Con-Arb, a single commissioner handles both conciliation and arbitration in one sitting for automatically unfair dismissal disputes where the employee opts in — this compresses the timeline and avoids a second scheduling round. Under section 188A pre-dismissal arbitration, employer and employee can agree before any dismissal is implemented to have an arbitrator decide the fairness of the contemplated dismissal in a single binding hearing. Both are optional routes; the default process is conciliation followed, if unresolved, by arbitration.

Disputes the CCMA Will Not Decide

The CCMA’s jurisdiction is statutory and limited. The following categories fall outside its reach:

• Pure contractual claims with no underlying LRA unfair labour practice or dismissal — for example, a breach-of-contract claim about a share-sale agreement between employee and employer.
• Strikes and lockouts — reserved for the Labour Court under Schedule 7 of the LRA.
• Bargaining-council registration, scope, or extension disputes — Schedule 7 / Labour Court exclusive.
• Disputes about the status of a registered trade union or employer organisation — Labour Court exclusive.
• Allegations of corrupt practices by trade unions or bargaining councils — Labour Court exclusive.
• Defamation claims between employer and employee — outside the LRA’s framework entirely.
• Claims for damages beyond what the LRA permits — the CCMA can compensate but cannot grant punitive damages.
• Matters requiring a declaratory order on the validity of an LRA-registered instrument — Labour Court exclusive.

The legal basis of the claim — not the label on the referral form — determines the forum. Calling something “unfair” does not make it a CCMA case if it does not fall within the LRA’s listed grounds.

The CCMA vs the Bargaining Council: How Sectoral Jurisdiction Works

A registered bargaining council whose parties have adopted a collective agreement covering the relevant sector has concurrent jurisdiction with the CCMA over the disputes listed in its constitution. Where a council exists and has jurisdiction, the dispute must first be referred to it under LRA section 51; the CCMA only takes the matter if the council fails to resolve it within the prescribed period, or the parties agree in writing to bypass it.

Three rule-of-thumb tests resolve most sectoral forum disputes:

1. If the dispute arises from a collective agreement’s interpretation or application, the bargaining council is the primary forum.
2. If the dispute is about an unfair dismissal or unfair labour practice under the LRA directly, the CCMA has jurisdiction regardless of whether a bargaining council exists — the council can only take it if its constitution gives it that scope.
3. If the dispute is a pure sectoral matter of mutual interest (wages, conditions of employment) and the council’s collective agreement covers the parties, the council is the default forum.

Burger Huyser Attorneys’ Labour Law practice performs this jurisdictional check at the first consultation, because filing at the wrong forum is one of the most preventable errors in labour litigation.

The CCMA vs the Labour Court: Two Different Forums

The CCMA and the Labour Court are not interchangeable; they sit at different points in the dispute-resolution sequence.

Feature	CCMA	Labour Court
Role	First-instance forum for disputes of right and disputes of interest	Reviews and appeals of CCMA awards, and exclusive jurisdiction over Schedule 7 matters
Statutory hook	LRA section 51 (jurisdiction), sections 191 and 186 (substantive grounds)	LRA section 157 and Schedule 7 (exclusive jurisdiction), section 145 (review)
Process	Informal, inquisitorial, procedurally streamlined	Formal, adversarial, governed by rules of pleadings and evidence
Representative	Parties may be represented; many self-represented employees attend conciliation	Parties must be legally represented
Outcome	Commissioner’s award, binding unless reviewed	Court order; binding and enforceable as a civil judgment

A CCMA award is binding unless reviewed or appealed to the Labour Court within a defined window. The Labour Court has exclusive jurisdiction over the Schedule 7 matters listed in the previous section.

What the CCMA’s Process Actually Looks Like

The default CCMA process has three steps, with optional shortcuts layered on top:

1. Conciliation — the first step, typically a single sitting aimed at settlement. The commissioner can record a settlement in a binding award format under section 142(1)(b) of the LRA.
2. Arbitration — if conciliation fails, the matter proceeds to arbitration (except unfair-dismissal disputes, where the employee may opt to go to the Labour Court instead under section 191(5)).
3. Outcome — the commissioner’s award is binding unless reviewed by the Labour Court on narrow grounds (procedural irregularity, commissioner misconduct, exceeding jurisdiction).

Time limits apply at the front end and bind everything that follows:

• Unfair dismissal: referred within 30 days of dismissal under LRA section 191(1).
• Automatically unfair dismissal: 90 days under section 191(2).
• Unfair labour practice: generally 90 days from the act or omission complained of.
• Condonation: late referrals may be condoned on good cause shown, but the CCMA’s discretion is narrow.

Jurisdictional Disputes: How They Are Raised

Most dismissed CCMA cases turn on a jurisdictional point, not the substantive merits. The mechanism for raising it is straightforward:

• A party can object to the CCMA’s jurisdiction at conciliation or at the start of arbitration.
• The commissioner decides the jurisdictional question as a preliminary matter, often on the papers plus brief evidence.
• The test is whether the dispute falls within the LRA’s listed grounds and whether the referral was within time.
• An adverse jurisdictional ruling can be reviewed by the Labour Court under section 145.

This is the one truly practical procedural mechanism — most lost cases turn on a jurisdictional point, not the substantive merits, and a case that turns on a jurisdictional ruling has narrow Labour Court review prospects if mishandled in the first instance. Burger Huyser Attorneys’ Labour Law practice — led by specialist consultant Marius Ferreira — runs CCMA matters from this jurisdictional check through to award, with intake available across the firm’s Gauteng branches.

What to Take Away

Four points carry through the rest of the article:

• The CCMA is the front-line forum for the bulk of South African labour disputes.
• Its jurisdiction is statutory and limited to the LRA and BCEA dispute categories.
• Anything that falls outside — pure contractual claims, Schedule 7 reserved matters, defamation — must be routed to the Labour Court or a competent civil court.
• Bargaining councils can take disputes that fall within their sector’s scope but only where their constitution gives them that authority.

Whether a case is or isn’t a CCMA case is determined by the legal basis of the claim, not by the parties’ labels. That is the practical first question a labour practitioner settles at intake — before the section 191 clock starts ticking.

Frequently Asked Questions

Does the CCMA deal with discrimination claims?

Yes, but only where the discrimination is tied to a listed ground under the LRA (such as union membership, pregnancy, or exercising a statutory right). Discrimination claims framed as unfair labour practices under LRA section 186 are heard by the CCMA in arbitration; standalone damages claims above the statutory threshold are routed to the Labour Court.

Can the CCMA award me compensation if I win?

Yes. For unfair dismissal, compensation is capped at 12 months’ remuneration under LRA section 194(1), or 24 months for automatically unfair dismissals under section 187. For unfair labour practice, the CCMA can award financial compensation, financial loss, or order reinstatement or re-employment. The CCMA cannot award punitive damages in the High Court sense.

How long do I have to refer a CCMA dispute?

Unfair dismissal disputes must be referred within 30 days of dismissal under LRA section 191(1); automatically unfair dismissal disputes within 90 days. Most unfair labour practice disputes must be referred within 90 days of the act complained of. Late referrals can be condoned, but the CCMA’s discretion is narrow.

What happens if I lose at the CCMA?

You can apply to the Labour Court to review the CCMA award under LRA section 145. The grounds are narrow — the commissioner acted outside their jurisdiction, committed a serious procedural irregularity, committed misconduct, or made a wrong decision on the merits. The review application must be filed within six weeks of the award being issued.

Can I take a pure contractual claim to the CCMA?

Generally no. The CCMA’s jurisdiction is statutory and limited to disputes referred to it under the LRA or the BCEA. A pure breach-of-contract claim with no underlying LRA unfair labour practice or dismissal must be filed in the appropriate civil court (Magistrates’ Court or High Court, depending on quantum), not at the CCMA.

Does the CCMA hear disputes about strikes and lockouts?

No. Strikes, lockouts, and disputes about the registration or scope of bargaining councils are reserved for the Labour Court under Schedule 7 of the LRA. The CCMA may, however, hear disputes about whether a strike is protected under LRA section 67.

What is the difference between the CCMA and a bargaining council?

Both are dispute-resolution forums, but a bargaining council is a sector-specific body established by registered trade unions and employer organisations in a particular industry (for example, the Metal and Engineering Industries Bargaining Council). Where a bargaining council has jurisdiction and has adopted a governing collective agreement, the dispute must first be referred to it under LRA section 51; the CCMA only takes the matter if the council fails to resolve it or the parties agree to bypass.

Burger Huyser Attorneys’ Labour Law practice is staffed by specialist labour-law consultant Marius Ferreira and a broader team that runs CCMA matters across all Gauteng branches. The Randburg (Linden) head office (49 First Avenue, 011 888 0246) is the procedural anchor for most matters, with intake available through the Sandton (011 253 3080), Pretoria (012 471 5700), Centurion (012 644 4990), Roodepoort (011 668 0030), Bedfordview (011 201 7190), Alberton (011 439 3990), and Midrand (010 022 4082) branches. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and gives honest, plain-spoken advice about the prospects of a CCMA matter at the first consultation — not a guaranteed outcome.