What is the difference between the CCMA and the Labour Court?
The CCMA is the quickest place to resolve labour dispute.
To obtain a date at the CCMA takes around 8 to 12 weeks.
The CCMA is generally a very informal process, you have a commissioner who is assigned from the CCMA who will be working on your case and will be deciding to depend on whether it’s conciliation or arbitration.
Generally, the CCMA is very quick and informal process.
However, by contrast The Labour Court is a much longer process.
It takes more than a year to acquire a date with The Labour Court due to the backlog of cases and Covid-19.
The application process takes longer at the labour court because there is a lot of legal paperwork to complete.
In most cases, the CCMA is a fast and informal process, whereas the Labour court is a lengthy and formal process.
What type of cases are heard at the CCMA and the Labour court?
The CCMA has the power to hears cases regarding unfair dismissals, unfair retrenchments and unfair labour practices
The labour court can also hear those cases but it generally deals with more complex legal disputes, such as – large-scale retrenchments or interdicts and reviews of arbitration awards.
How much compensation does the CCMA provide?
The amount of compensation that you can get at the CCMA is the maximum is 12 months of your salary
How much compensation does the Labour Court provide?
The labour court can provide 24 months of your salary – double what the CCMA can provide.
A labour court case cannot guarantee that you will receive back 24 months of salary if you wait so long.
In spite of the issue of compensation 12 months vs 24 months – it is always best to have your case heard by the CCMA, that is the best approach to your unfair dismissals, your constructive dismissals, or your retrenchment.
You can resolve your dispute much more cost effectively through an informal process rather than going to labour court.
