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For many employees, the Commission for Conciliation, Mediation and Arbitration (CCMA) represents a final line of defence against any unfair treatment in the workplace.
However, the idea of legally confronting an employer can be intimidating.
The good news is that the CCMA is designed to be accessible, free of charge, and far less formal than a court of law. With the CCMA, you don’t need a lawyer to begin the process, but there are rules you need to follow.
If you believe you have been unfairly dismissed or subjected to an unfair labour practice, here are a few things to consider:
Referral
The process starts with you. You need to complete LRA Form 7.11, known as the Referral of a Dispute to the CCMA. This form requires your details, your employer’s information, and a summary of the dispute.
When it comes to the Referral of a Dispute to the CCMA, deadlines are critical and should be met. If you miss the deadline, you will need to apply for condonation, explaining why you missed the deadline. In a case of unfair dismissal, you must refer the dispute within 30 days of the dismissal date.
Conciliation
With your referral filed, the CCMA will schedule a conciliation hearing within 30 days. The aim is to settle, but there is a process.
Typically, you, your employer, and a Commissioner will meet around a table. The Commissioner will be neutral and won’t be the judge. They will also not defend either party.
The role of the Commissioner is to facilitate an agreement between you and your employer, whether that’s reinstatement or financial compensation. If an agreement is reached, both parties sign a settlement agreement, and the matter is closed.
Arbitration
When conciliation fails, the next step is arbitration. This, however, is not automatic. You must request it by submitting LRA Form 7.13, called the Request for Arbitration, within 90 days of receiving the Certificate of Outcome. Arbitration is more formal and resembles a mini-trial. The Commissioner will hear both sides and make a binding decision. Like most things, there is a step with arbitration as well:
- Opening statements: Where both parties will present their case.
- Evidence: The employer typically goes first here, presenting documents and witnesses. You have the right to cross-examine.
- When your turn comes, you will then present your evidence and witnesses. On this stage, preparation is essential, as the employer may also cross-examine your witnesses.
- Representation: You can represent yourself or be assisted by a union official. Lawyers may be allowed, though the Commissioner can exclude them in simple misconduct cases if their presence would cause unfairness.
The Award
When both parties have been heard, the Commissioner has 14 days to issue an Arbitration Award, which is a legally binding decision. If the decision is in your favour, possible outcomes include the following.
- Reinstatement: Where you can return to your job as though never dismissed, sometimes with backpay.
- Re-employment: You return to the job but start afresh.
- Compensation: This is when you receive financial compensation up to 12 months’ salary for unfair dismissal, and up to 24 months for automatically unfair dismissals.
The CCMA is a vital mechanism that works for achieving workplace justice. Deadlines, documentation, and preparation are essential when presenting your case.
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