Though most work-place issues can be solved between the employer and the employee, in more serious Labour Dispute cases either party can approach the Commission for Conciliation, Mediation, and Arbitration (CCMA).
If matters have gone this far it is highly recommended that your business seeks legal advice from experts like CA labour Law .
Not only is there a formal process to follow when filing Labour Dispute documents, actual CCMA hearings can be daunting and stressful.
At CA Labour Law we will walk our clients through every step of the Labour Dispute, and if allowed, will act as your representation to ensure a positive outcome.
Contact us today to get professional legal advice and assistance regarding all Labour Dispute matters and CCMA procedures in Gauteng & KZN.
Steps for lodging a Labour Dispute at the CCMA
- Take steps immediately: For unfair dismissals you have 30 days from when the dispute arose to open a case, 90days for unfair labour practices and six-months for discrimination cases.
- Complete the CCMA dispute case referral form available from CA Labour Law in Pretoria, Centurion, Ladysmith, Kempton Park or Johannesburg and Gauteng, or the Department of Labour.
- Fax, courier, or hand-deliver a copy of this document to the other party. Keep proof of delivery.
- Send this proof –along with the referral form to the CCMA.
- CCMA will now inform parties of their hearing date
- The first meeting is called conciliation or “conarb”. Only the parties, trade union or employers' organization representatives (if a party to the dispute is a member) and the CCMA commissioner will attend. The purpose of the hearing is to reach an agreement on the dispute that is acceptable to both parties.
- If conciliation fails, the dispute may be referred to the CCMA for arbitration or the Labour Court. If the case was heard as a conarb case the arbitration will proceed immediately after the conciliation
- In order to have an arbitration hearing, you have to complete a request for arbitration form, (also known as LRA Form 7.13.) A copy must be served on the other party (same as in step 3). Arbitration should be applied for within three months from the date on which the commissioner issued the certificate.
- Arbitration is a more formal process and evidence, including witnesses and documents, may be necessary to prove your labour dispute case. Parties may cross-examine each other. Legal representation may be allowed. The commissioner will make a final and binding decision, called an arbitration award, within 14 days.
- If a party does not comply with the arbitration award, it may be made an order of the Labour Court.