The Commission for Conciliation, Mediation and Arbitration (CCMA), was established as an independent, apolitical dispute resolution body in terms of the Labour Relations Act (LRA). CCMA processes aim to promote fair labour practices and resolve labour disputes in the workplace. An employee can refer a dispute to the CCMA based on dismissal, wages and working conditions, unfair labour practice, workplace changes and discrimination. Most cases referred to the CCMA relate to unfair dismissal.
CCMA processes: the three basics
• Conciliation: This is an informal process where a commissioner is appointed to meet with the parties to a dispute within 30 days after the referral and explore ways to resolve the dispute by mutual agreement. Separate meetings between the commissioner and each party may also be held. If the case is settled, a settlement agreement is signed, and the dispute is resolved.
• Arbitration: This is a hearing process where the parties can state their case. During the process, oral evidence is presented as well as any other forms of evidence in support of a party’s case. Thereafter the commissioner will issue an arbitration award within 14 days. An arbitration award is binding and the equivalent of a court ruling.
• Conciliation/Arbitration (“Con/Arb”): This is an ongoing process where conciliation and arbitration follow directly after each other on the same day.
A party that is not satisfied with the arbitration award, can within 6 weeks thereof, apply to the Labour Court to review the arbitration award.
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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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=== TIME STAMPS===
00:00 Introduction
00:29 The CCMA
00:54 How to take it to the Labour Court
01:17 Condonation Application
01:38 Form 7.11
01:58 CCMA Proceedings
02:40 CCMA Ruling
03:28 Summary
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=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act - South Africa
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an attorney to get specific legal advice on your specific situation.
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