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).
In terms of the Labour Relations Act, disputes between employers and employees may be referred to the following institutions:
- the Commission for conciliation mediation and arbitration (CCMA);
- Bargaining Councils;
- private agencies;
- the Labour Court;
- 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.
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