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CCMA - The Commission for Conciliation, Mediation and Arbitration

CCMA

The Commission for Conciliation Mediation and Arbitration (CCMA) is statutory body established in terms of the Labour Relations Act, 1995 as amended. It is an independent and autonomous organization that was established to deliver services that ensure fair labour practices. Its mandate is to ​Promote social justice and fairness in the workplace by delivering ethical, qualitative, innovative and cost-effective dispute and resolution services, institution building services, education, training and development and efficient administration. 

In short, if you have experienced unfair dismissal, some type of unfair labour practice, unfair retrenchment, or even been forced to resign (constructive dismissal), you can open a CCMA case. You do not need special CCMA legal advice, nor a ‘CCMA lawyer’. CCMA cases are free to open and free to conduct. However, there are implicit costs (the cost of a CCMA case does not generally include your transport to and from the CCMA, or the time and effort put into your matter). 

The CCMA website has largely mitigated these costs by taking much of the CCMA online. From opening a case at the CCMA (the CCMA 7.11 form), to applying for condonation (missing the CCMA  deadline), to applying for CCMA arbitration (filling out the CCMA 7.13 form), you’ll find the CCMA process very efficient.  

CCMA online applications generally begin with the 7.11 CCMA form (Standard CCMA procedure). It is recommended that you use a desktop or laptop and not a mobile phone to fill it out as CCMA online services do require you to type out many of the aspects of your CCMA case (or CCMA complaint). 

Make sure to have your contact details, the contact details of the opposing party, and a brief summary of the dispute ready, as this will help you fill in the form faster. 

In regard to the CCMA contact details that you provide, make sure that they are appropriate (i.e. if you are an employee complaining about an employer, make sure to use a private email address and cell phone number, not the ones the company may have provided you). 

You will also be asked for closest CCMA office to your location, so before you begin the application it would be a good idea to Google “CCMA near me” or “closest CCMA offices”.  You could also search via your location (i.e. “CCMA  Centurion”; “CCMA  Somerset west”; “CCMA Worcester”; etc.). For your convenience, were is a list of the main CCMA offices in South Africa. 

REGIONAL OFFICES OF THE CCMA

We have prepared several videos on in regards to CCMA assistance (i.e. how to open a CCMA case, CCMA case law, general CCMA advice, recent CCMA cases etc.). You can review them here or go to any of our social media platforms. 

Please note that these videos are generic in nature. If you need assistance with your specific CCMA case, please reach out to us about booking a consultation. 

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Have you been unfairly dismissed and curious to check what is a fair compensation in your case?

There are 3 factors which are important:

  1. Do you want to go back to work for the employer? Or do you want compensation?
  2. Are you the sole breadwinner in your family? In other words what will happen if you decide to look for another job?
  3. Do you believe that the working relationship between you and the employer has completely broken down?

Based on the answers to the above questions, you may decide to walk away from the employer after being treated unfairly.

 

If we cannot settle your claim, we will bring it before a judge or Commissioner and our litigation team can file a lawsuit.

Our litigation team has handled Review Applications and Labour Court cases, and has won large awards for our clients, many of which were multimillion-rand settlements.

Our firm has an excellent record of getting results for clients at the Labour Court

With an initial case evaluation, we can help explain what your case would involve and what to expect.

Legal Leaders represents clients from (but not limited to) the KZN area (including Durban, Pietermaritzburg, Port Shepstone and Stanger).

When we represent you, we will fight for the outcome you want so that you can have your rights respected.

As soon as you get a date start preparations immediately, do not wait any longer. Because in terms of South African Labour Law, a CCMA case is legally valid and binding. So if you win the case, you will be able to enforce it just like any other order of Court. Therefore make sure to put your best foot forward and begin your preparations early. 
 
Before you begin, make sure to check that you referred your case in time. The CCMA rules state that an employee must file their case (if it’s unfair dismissal) within 30 days. If the employee comes after the 30 day period, the case may be postponed or even lost on this technicality. Therefore please check if you filed your case within the 30 day period.

We believe this is the best way to get the outcome that you want. If we cannot settle your claim, we will bring it before a judge or Commissioner and our litigation team can file a lawsuit.
Our litigation team has handled CCMA cases, and has won large awards for our clients, many of which were multimillion-rand settlements.
Our firm has an excellent record of getting results for clients at the CCMA.

An arbitration award is final and binding. It may be enforced (subject to certain procedures being complied with) as if it were an order of the Labour Court.

When an employer refuses to comply with the award or settlement agreement, the employee must go back to the CCMA, and complete an Application to certify the CCMA award & Writ of Execution.)

Thereafter there must be proper service. A written statement made by the employee, to certify that the award has been served, must accompany the Forms.

The service of the award on the employer is carried out by the employee, and proof of serviced is required – a fax transmission slip, registered letter slip, will suffice.

All alternative is to also approach the Labour Court in terms of section 158(1)(c) of the Labour Relations Act. The same procedure above will apply. But the case will be heard by a Judge from the Labour Court.

The award is then made an order of the Court. The application for a Writ of Execution is then made through the Registrar of the Labour Court.

In both situations, the Writ is handed to the Sheriff, who will proceed to the premises of the employer, and attach movable property that will be sold and the proceeds paid to you in terms of the award.

If the award contains reinstatement, then you can have the employer arrested for failing to comply.

With an initial case evaluation, we can help explain what your case would involve and what to expect.

Legal Leaders represents clients from the KZN area (including Durban, Pietermaritzburg, Port Shepstone and Stanger).

When we represent you, we will fight for the outcome you want so that you can have your rights respected.

If you are unhappy with a CCMA Arbitration Award, there are legal options available to you

Even though an arbitration award is binding, it can still be legally challenged. There are two options available to you:
Option 1:
Taking the CCMA Arbitration on Review to the Labour Court

This means that you bring an Application to the Labour Court asking the Judge to set aside the Arbitration Award.

Your application needs to show the following:

  • The CCMA Commissioner committed misconduct in relation to his/her arbitration duties;
  • That the CCMA Commissioner committed a gross irregularity in the conduct of the arbitration proceedings;
  • That the CCMA Commissioner exceeded his/her powers; or made the award improperly.

The above criteria refers to misconduct and irregularities, including, but not limited to:

  • Taking into account evidence that was not put before the arbitrator;
  • Refusing to allow valid and relevant evidence to be brought;
  • Ignoring statutory requirements or legal principles;
  • Unduly assisting one or other party with his/her case;
  • Delivering a biased award;
  • Taking a bribe; and
  • Failure to apply his/her mind to the facts in evidence.
Option 2:
Applying to the CCMA to Rescind the Arbitration Award

The grounds for rescission are very narrow and such applications are most commonly brought when one party has not attended the arbitration hearing and the award has been made in that party’s absence

The rescission application, on the other hand, is normally made to the same arbitrator who made the original arbitration award.

The rules states that a party may, within 14 days of becoming aware of the arbitration award, apply to the arbitrator to rescind (cancel) the award.

This can be done on the grounds that the award:

  • Was erroneously sought or made in the absence of any party affected by it;
  • Contained an ambiguity (ie. could mean two different things) or an obvious error or omission; or
  • Was granted as a result of a mistake common to the parties.
The grounds for rescission are very narrow and such applications are most commonly brought when one party has not attended the arbitration hearing and the award has been made in that party's absence.

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Let’s assume that you have done everything correctly and now proceeding to the CCMA. Please read further below for a detailed step by step guide on how to prepare for your CCMA case:

The first step is to check for your employment contract or other workplace policies that apply to your case specifically. For example, is there a Code of Conduct that applies in your case? Contact the employer and ask for a copy so that you can prepare. It is your legal right to request documents that you need to prepare for your case.  

Once you have your documents in place, make sure you write down what is your defence to the case. Assuming that the employer has charged you for a misconduct, what evidence do you have to prove that you are innocent? Make a written note of points as this will help you structure your case. 

To win at the CCMA, you need evidence. Without credible evidence, your claims are not strong enough and the employer can use that against you. So make a list of any witnesses that can testify on your behalf. If you need to subpoena these witnesses to come and testify – contact us 081 013 7338 – as we can help you. 

The CCMA will inform both you and the ex-employer as to the date, time and venue of the first hearing – which is usually conciliation. While you are waiting for the date, determine if you would settle the case and how much you would be willing to settle for. This makes you more prepared.

Conciliation is a flexible and informal process to see if the case can be settled between the parties.  If no settlement agreement is reached, the CCMA Commissioner will issue a certificate stating that the case is unresolved at Conciliation stage.

If the case was not settled, you must set it down for arbitration. In order to have an arbitration hearing, you have to complete a request for arbitration form, (also known as LRA Form 7.13.). You can also get this from the CCMA or  on our website. A copy must be served on the ex-employer just like earlier. 

Arbitration is a formal process which involves both you and the ex-employer leading evidence like witnesses and documents to prove whose case is stronger. This requires preparation on your part because you may have to prove that the employer treated you unfairly. This is done through evidence which you must lead. Legal representation may be allowed.

After the hearing, wait for the ruling from the CCMA. The commissioner will make a final and binding decision, called an arbitration award, within 14 days.

CCMA VIDEO'S

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Frequently Asked Questions

How to Prepare for a CCMA Case:

The most important thing is to be calm. Address the Commissioner as Mr. or Madam Commissioner. The CCMA is meant to be a forum of fairness. You need to be calm so that you are in the right emotional state to win your case as an employee

Conciliation is a relatively informal and flexible process in which a Commissioner from the CCMA assists the parties to reach a settlement agreement. It is a quick and inexpensive way of resolving your case.

Legal Leaders has over 8 years’ experience in Labour Law. We specialise solely in CCMA and Labour Court Cases. We have represented clients and won.

In most of our cases, the other party settles before the case is finalised. Our client’s get their job back or get awarded compensation. Not every case is the same and it depends on the evidence you have and how strong arguments can be made in your case.

If you are an employee we push for reinstatement with full backpay (meaning you get your job back and all the money owed to you) or compensation (meaning you get paid out a sum of money for the way that you have been treated)

We can also represent employers as well. We have had cases thrown out of the CCMA within 20 minutes.

During the consultation, this is what you are guaranteed:

  1. You will speak one-on-one with a certified Lawyer who will listen to you and review the facts of your case
  2. After listening to you and going through the evidence, we will advise you whether you have a case or not
  3. You will also receive a full explanation of your legal rights and what the strengths and weaknesses of your case are.

At the end of the consultation, you will feel educated, empowered and most importantly aware of what the next step for your case is.

Find out if you have a case.

Attorneys spend a lot of time, effort and money to gain their expertise and knowledge and a good consultation provides the client with valuable information
Some attorneys use consultation fees to determine how serious you are about your case.
 
Charging for the initial consultation can help us identify people who are simply looking for free advice and not interested in pursuing their case.

In two simple steps:

Step 1: Select your available time and day for the consultation with your Lawyer

Step 2: Confirm your Appointment by making your appointment. All our payments are handled by PayFast – a secure South African payment Gateway with high level bit encryption and protection.

Keep in mind that a CCMA record may affect your ability to gain future employment.   Legal Leaders understands how the CCMA and Labour court system works and helps clients facing CCMA cases. We know that those who have been charged have a lot at stake. That is why we are dedicated to representing our clients.

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