CCMA Cases | CCMA Labour Law | Training | Advice | Pretoria, Johannesburg (Gauteng, South Africa)

CCMA Labour Law, Cases, CCMA Arbitration and Conciliation Processes: Johanette Rheeder Attorneys (South African Labour Law Specialists), provides professional advice, training and seminars across South Africa on the correct procedures to be followed at the CCMA (unfair labour practices, unfair dismissals, constructive dismissals, retrenchment and unfair discrimination, strikes and lock out). 

CCMA

In terms of the Labour Relations Act, disputes between employers and employees may be referred to the following institutions:

  1. the Commission for conciliation mediation and arbitration (CCMA);
  2. Bargaining Councils;
  3. private agencies;
  4. the Labour Court;
  5. The Department of Labour.


Certain disputes in terms of the Labour Relations Act, 66 of 1996, the Basic Conditions of Employment Act 75 of 1997, the Employment Equity Act 55 of 1998, the Extension of Security of Tenure Act 62 of 1997 may also be referred to the CCMA. The CCMA is set up as an independent jurisdiction person. It has jurisdiction in all the provinces in the Republic and has established provincial offices in all the provinces. It is financed by the Department of Labour and is governed by its governing body. The members of the governing body are nominated by NEDLAC and appointed by the Minister of Labour. Members of the governing body holds office for three years and is made up of a chairperson who must be independent, three persons proposed by organised labour in NEDLAC, three persons proposed by organised business and three persons proposed by the State.


Commissioners must be appointed on a full-time or part-time basis and must be appointed for a fixed period of time. In terms of the Labour Relations Act, the main functions of the CCMA is to attempt to conciliate any dispute that requires conciliation, if there is no bargaining counsel having jurisdiction and to arbitrate any other matter that requires arbitration in terms of the Labour Relations Act, and conduct facilitation in operational requirement disputes. The CCMA is a creature of statute and may only perform the functions entrusted to it by the Labour Relations Act or any other Act. The CCMA has various other functions in terms of the Labour Relations Act, which is not of relevance in this training session.

“Articles are provided free of charge to our subscribers and readers. Although we strive to keep our articles updated, the reader should however note that some of these articles have been written some time ago and that the law on topics discussed in these articles may be outdated or have changed.”

Other Articles in this Category:

Different views on benefit claims under the unfair labour practice jurisdiction of the CCMA
Johanette Rheeder

The Labour Courts and arbitrators have long wrestled with the question of what constitutes a “benefit” in terms of section 186(2) (b). The definition of an unfair labour practice is contained in section 186(2) (a) of the Labour Relations Act (LRA) and constitutes a precise definition of an unfair labour practice. Therefore, any claim for an unfair labour practice must be covered by the definition, failing which it will not be an unfair labour practice and will not fall within the jurisdiction of the CCMA.

Remedies – what can we claim in the CCMA?
Johanette Rheeder

Many an employer and employee are at a lost as to exactly what type of claim for remuneration and benefits can be claimed in the CCMA or bargaining councils. Employees are often dissatisfied with their benefits and salary and threaten regularly with claims to the CCMA and Department of Labour. Employers refer to civil claims and many an employee lost jurisdictional claim for benefits and remuneration in the CCMA.

Issuing subpoenas in the CCMA
Johanette Rheeder

Most arbitrations are run in the CCMA without the need to subpoena witnesses. Witnesses are called and are willing to testify without calling on the CCMA to subpoena the witness. Although the employees and the employers often want as many witnesses as possible to come and testify for them, there are certain rules that have to be considered or complied with in order to get a witness before the commissioner.

Sidumo - The reasonable decision maker test
Johanette Rheeder

For quite some time now, when it comes to discipline, employers were used to setting their own standards of discipline, as it was judged by the CCMA Commissioners from the perspective of the employer.

This test of fairness – the reasonable employer test - changed dramatically during the latter part of 2007 as a result of the Constitutional Court finding of Sidumo v Rustenburg Platinum Mines Ltd 2007 BLLR 1097 (CC).

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