A lack of information or comprehension of the Commission for Conciliation, Mediation, and Arbitration (Hereinafter the “CCMA”) and its processes can prevent the public from taking advantage of the commission's accessible and low-cost services, causing frustration. For those unfamiliar with labour laws and not part of the legal profession, navigating the CCMA can seem intimidating due to its complex rules and procedures. However, understanding these processes reveals that the CCMA is more accessible than perceived. This article aims to address frequently asked questions about the CCMA’s rules and procedures.

What matters can be referred to the CCMA?
Generally, all labour matters can be referred to the CCMA, including unfair dismissals, disputes concerning wages and working conditions, workplace changes or discrimination. The only labour disputes which cannot be referred to the CCMA are those which fall within a bargaining council’s jurisdiction, matters that fall outside the scope of the Labour Relations Act (“LRA”) and the Basic Conditions of Employment Act (“BCEA”), and disputes that arise while you are an independent contractor (see my previous article discussing this, click here).

How do you refer a matter to the CCMA?
If you have made the decision to refer a dispute to the CCMA, you are required to complete a case referral form, also commonly known as form 7.11. Once this form has been completed, you need to ensure that a copy is delivered to the other party, and proof of such delivery, with form 7.11, is sent to the CCMA. You do not have to hand deliver it; you may also email form 7.11 with proof of service to the CCMA. The CCMA will then notify both parties about a date and time for conciliation and/or arbitration.

How long do you have to refer a dispute?
To ensure that all disputes get dealt with speedily, the CCMA has placed time limits in which you are allowed to bring your matter to them:

1. For unfair dismissals – 30 days from the date of dismissal, or from the date dismissal was confirmed.
2. An alleged unfair labour practice – 90 days from the date the unfair labour practice was committed.
3. Discrimination – 180 days from the date of the alleged discrimination.

Should you, for whatever reason, refer your dispute outside the prescribed period, you will need to apply for condonation. In short, it is providing the CCMA with reasons for your lateness and asking them to forgive you for your late application.

Are you entitled to legal representation?
You are automatically entitled to legal representation in all conciliations and arbitrations, with the exceptions being placed in Rule 25 of the CCMA Rule. These instances include dismissals based on conduct, incapacity and disputes about claiming monies owed in terms of the National Minimum Wage Act.

Remember, you do not need the other party’s consent before taking a matter to the CCMA.

For further insight into what you can expect, contact the professional labour attorneys at Miller Bosman Le Roux Attorneys.


WRITTEN BY BRIDGETON PETOORS
Bridgeton Petoors is a candidate attorney at Miller Bosman Le Roux Attorneys.

While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.