What is the CCMA and how does it work?

What is the CCMA and how does it work?

The CCMA stands for the Commission for Conciliation, Mediation and Arbitration. It’s an independent body (not linked to any political party, union or business) that aims to promote fair labour practices by resolving labour disputes between employees and employers.

To avoid the CCMA, companies need to treat their employees fairly, but sometimes, employees misinterpret or are misinformed about the law. The CCMA will hear complaints lodged and try to find a compromise between the two parties.

It’s good to know that there is some form of recourse, should you be unfortunate to be treated unfairly I terms of a dismissal, working conditions, discrimination, wages or salary and workplace changes.

Here are some guidelines when referring a matter to the CCMA:

1. You only have 30 days to refer the matter to the CCMA from when the dispute arose.
2. You need to complete an LRA Form 7.11, which you can download from the CCMA site ccma.org.za.
3. You need to send a copy of the form to the other party and prove that you sent it.
4. Send the LRA Form along with proof that you sent it to the other party (the company) to the CCMA.
5. The CCMA will notify both parties of the date and time for the first hearing. At this first hearing, only the two parties are allowed, no legal representatives. The aim is to find a happy ground between the two parties on the matter.
6. If an agreement is not reached, the matter will be referred to arbitration or the Labour Court.
7. You will need to fill in the LRA Form 7.13 to request for an arbitration process within 30 days. This is a more formal process and will require evidence and witnesses.
8. A decision will be reached after 14 days of the arbitration and if any of the parties doesn’t comply with the recommendation, the matter will be referred to the Labour Court.

To help avoid disputes, always make sure everything is in writing and that you read and agree with the terms of your employment contract. If you can, ask someone who has worked for a while to look through the contract to see if there is anything that seems strange to them. If you don’t understand something, clarify it upfront so that you don’t agree to do something that you didn’t realise by signing the contract.

Here’s how to keep your employees in line and compliant with the law…