Last Updated on September 21, 2023 by ufiling
To file a complaint with the Commission for Conciliation, Mediation, and Arbitration (CCMA) in South Africa, follow these general steps:
- Confirm eligibility: Before proceeding, ensure that your dispute falls within the jurisdiction of the CCMA. The CCMA primarily deals with disputes arising from unfair dismissals, unfair labor practices, and wage-related issues.
- Attempt resolution: Before filing a complaint, it is advisable to try resolving the matter through informal means. This may involve discussing the issue with your employer, supervisor, or HR department. If the matter remains unresolved, you can proceed with filing a complaint.
- Gather necessary documentation: Collect all relevant documents related to the dispute. This may include employment contracts, payslips, written correspondence, and any other evidence that supports your case. These documents will be required when filing the complaint.
- Complete the CCMA form: Obtain the CCMA referral form, also known as LRA Form 7.11. This form can be downloaded from the CCMA website or obtained from a CCMA office. Fill out the form accurately, providing all the required information about yourself, the respondent (employer), and the nature of the dispute.
- Submit the complaint: Once the form is completed, submit it to the CCMA. You can do this by delivering the form in person to the nearest CCMA office or by sending it via registered mail. Ensure that you keep a copy of the completed form and any supporting documentation for your records.
- Await conciliation: After submitting your complaint, the CCMA will acknowledge receipt and provide you with a case number. The CCMA will then notify the respondent about the complaint, and a conciliation date will be scheduled. Conciliation is an informal process where a CCMA commissioner attempts to facilitate a resolution between you and your employer.
- Attend the conciliation hearing: On the scheduled date, attend the conciliation hearing with all the necessary documentation to support your case. The commissioner will listen to both parties’ arguments and attempt to find a mutually agreeable solution. If a settlement is reached, it will be recorded in a document known as a “conciliation award.” If no settlement is reached, the matter may proceed to arbitration.
It is important to note that these are general guidelines, and the specific process may vary based on the nature of the dispute and local regulations. It is recommended to consult the CCMA website, seek legal advice, or contact the CCMA directly for the most accurate and up-to-date information regarding the complaint filing process.
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